Complicity/Joint Enterprise

• What is the meaning of a principal offender?

  is the actual perpetrator of the offence in question (known as the ‘principal offence’), where their conduct has satisfied the AR & MR of the particular offence concerned
• What is the meaning of a joint principal offender?

  has engaged in a joint venture with another against V, has also completed the necessary AR & MR of the offence
• What is the meaning of a secondary offender? (accessory)

  is one who aids, abets, counsels or procures the commission of the principal offence
• What is the main L.P of R v Jogee?

  L.P: D can only be found guilty of murder when he intended that P kill V. (D wanted P to kill V, agreed with P killing V)

  L.P: MR has changed from foresight to intention
• How does the Supreme Court state that the foresight of D can only be used?

  “The correct rule is that foresight is simply evidence (albeit sometimes strong evidence) of intent to assist or encourage, which is the proper mental element for establishing secondary liability.”
• What Act & section covers Complicity?

  s8 of Accessories & Abettors Act 1861
• How does s8 of the Accessories & Abettors Act define complicity?

  Whosoever shall aid, abet, counsel or procure the commission of any indictable offence, … shall be liable to be tried, indicted and punished as a principal offender’
• When does complicity need to occur for D to be guilty?

  Aiding, abetting counselling or procuring can happen before or during the offence (also after but this would lead to liability for different offences)
• What is first required when answering an exam question on complicity?

  Note: When answering a complicity question, start with the analysis of the principal offence/liability of P.
• What is the L.P of R v Giannetto? (where D paid someone to kill his wife but there was some confusion as to who killed her as there were many suspects)

  L.P: D will still be guilty of complicity even if it could not be proven who of 2 people killed V as ‘D’s state of mind in intending that the offence be committed connects D to the offence'
• What is the L.P of Mitchell? (where D wished to kill her baby & delivered poison to the nurse but a child gave the poison to the baby when the nurse left it on the shelf)

  L.P: defined the meaning of Innocent Agency as a person whose acts cause harm to V but are innocent either because they lack criminal capacity or they were unaware of the criminal nature of the acts they were committing
• What is the first requirement from s8 of the Accessories & Abettors Act 1861 for the law of accomplices?

  The principal must commit an offence: if the principal does not commit the offence, D will not be liable
• What is the second requirement from s8 of the Accessories & Abettors Act 1861 for the law of accomplices?

  Accomplice is charged with the basic offence because they have shared in the crime committed by the principal by encouraging or assisting in those acts
• What is the third requirement from s8 of the Accessories & Abettors Act 1861 for the law of accomplices?

  The prosecution only has to prove that D was an accomplice (don’t need to prove precisely in what way that D was an accomplice)
• For the first AR element, how is Aidding defined?

  Aid’: to help, support or assist, e.g. giving equipment
• What is additional info about Aiding?

  • D’s actions do not need to be essential
  • Only need to be some assistance
  • Principal & accomplice do not have to meet for assistance to be provided
• What is the L.P of Bainbridge for Abetting? (first AR element)

  L.P: ‘Abet’: to incite, instigate or encourage

  L.P: Abetting is different with Counsel as Counsel usually happens after the offence where Abet occurs at the time
• What is the L.P of NCB v Gamble for the first AR element: Counsel?

  L.P: 'Counsel’: to advise, encourage, e.g. nodding
• What is the L.P of R v Giannetto regarding Counselling?

  L.P: stated that even someone patting P on the back or giving them a thumbs up is sufficient (does not have to be expressed by words)
• What is the L.P of R v Calhaem? (where a hitman was hired by D to kill a woman but the reason why the hitman killed V was not because of D’s instructions but was because he panicked when she started screaming)

  L.P: D will still be guilty of being an accomplice even if the principal offender did not commit the act because of the instructions given by D (is still a causal link between them)

  L.P: the prosecution does not have to go as far as to prove that D’s actions had a positive effect on P’s conduct or on the outcome
• What is the meaning of Procure for the first AR element?

  'Procure’: ‘to produce by endeavour’
• What is the L.P of AG Reference 1975 for Procuring? (where D spiked P which led to P being involved in a driving offence)

  L.P: Held that D will be guilty if P would not have committed the offence without D’s action

  L.P: The principal does not have to be aware that they have been assisted
• For Joint Enterprise, what are two principal ways to be an accomplice?

  1.) Assisting the commission of the crime

  2.) Encouraging the commission of the crime
• What is the difference between Joint Enterprise & Complicity?

  For JE: P & A are together to commit the offence during which P goes on to commit a further offence (A will be liable for the second crime because it occurred during the commission of the first crime)
• What is the first AR element for Joint Enterprise?

  At least two people engage in the commission of a criminal offence (1) during which a further offence is committed (2) by one of them: both parties will be liable for 1 and 2.
• What is the second AR element for Joint Enterprise?

  Crime 2 has to be committed in connection with the crime
• What is the L.P of Gnango for the second AR element for JE?

  L.P: needs to be shown that A was either assisting or encouraging P in the commission of the second crime
• What is the last AR element for JE?

  Defendants need to have a common purpose/must have gone beyond the common plan (of committing crime 1)
• What is the limitation of JE?

  that the second crime must be committed in the course of the first crime (can’t occur on two separate occasions)
• What is the L.P of R v Clarkson? (where D was not held to be an accomplice where he simply watched a man commit rape)

  L.P: simply being present at the scene of the crime does not itself render D being guilty as an accomplice because there is no duty to intervene & stop a crime taking place
• What is the L.P of Du Cros v Lanbourn? (where D was held to be an accessory as he had a duty to prevent the driving offence)

  L.P: if D has the power or right to intervene, they will be guilty if they fail to uphold that duty
• What is the L.P of Willett?

  L.P: that simply being present in a car where the driver drives over the victim is not sufficient to make the defendant into an accomplice because D must have either encouraged or assisted in the offence
• What is the L.P of R v N? (where D was part of a gang & stated that he was not part of an attack against a rival gang member when his friends got out of his car to attack)

  L.P: held that while mere presence is not enough, D will be guilty of being an accomplice if they had either the presence or knowledge of what the principals intended to do with an intention by D to assist AND if with their presence, they intended to help or encourage the offence by providing moral support or by contributing
• What is the L.P of R v Stringer for JE?

  L.P: there must be some connecting link between D’s conduct and the principal offence (but no causation).
• What is the L.P of R v Bryce for JE?

  L.P: Despite time delay (12 hrs) D’s acts still provided some assistance
• What is the MR for Joint Enterprise established in R v Jogee?

  1. Intent: D2 must intend to assist or encourage D1 to act with such intent, to assist/encourage the principal in committing the principal offence & intend that the principal acts with the necessary MR of the offence charged
  2. Knowledge: have knowledge of the facts e.g D must know that the Principal will commit the AR and MR of the principal offence
• What MR is not required for Joint Enterprise?

  Is not necessary for D to know that the offence has actually been committed. Simply knowing that the principal will act with the required MR is enough
• What is required for conditional intent for JE?

  REQUIRED: that A either wants P to commit the second offence or is at least keen to help P if P commits the offence
• What is the L.P of Anwar for conditional intent?

  L.P: for A to be guilty, recklessness (mere foresight of what P might do) is not enough as intent is required
• What are the L.Ps of the National Coal Board for Oblique intent?

  L.P: The Woollin test is used for JE to find oblique intent

  L.P: Only applies if A knows P will commit a crime: will not always be applied because P can always change their mind & not commit the offence or they were unable to commit the offence