PRINCIPAL/PERPETRATOR

He/she commits the offence by himself/herself or uses an innocent instrumentality.

AIDING AND ABETTING

Anyone that helps or encourages another person to commit a crime is a party.

S intentionally assists P to engage in the (conduct that constitutes a) crime.

Assistance: aiding, abetting, encouraging, advising.

Derivative liability: The accomplice may be convicted of any offence committed by the Perpetrator who the accomplice intentionally assisted. Proof that the principal caused the social harm satisfies the requirement of establishing the causal relationship of the accomplice.

P __________________________ S

Guilty of a crime= Guilty of a crime

Guilty of attempted= Guilty of attempted

No crime = No crime

In the presence of the Perpetrator (i) actual; or (ii) constructed: if he is situated in a position to assist the principal during the commission of the crime.

Types of assistance: (i) psychological conduct, (ii) psychological influence, (iii) by omission, assuming that the omitter has a duty to act, eg. Police officer’s failure to stop a crime w/the required mens rea.

A person is not an accomplice unless his conduct in fact assists in the commission of the crime. For example, S is not an accomplice in the commission of the robbery if he is present at the scene of the crime in order to aid P if necessary, but his assistance is not called upon.

Any aid, no matter how trivial, suffices, e.g., applauding, adding numerical strength.

Liability even if the assistance was causally unnecessary for the commission of the offense. NO BUT FOR TEST.

MENS REA:

DUAL INTENTS: (i) Intent to assist the perpetrator, (ii) the intent that the perpetrator commits the offense. E.g., Cheating.

NATURAL AND PROBABLE CONSEQUENCES DOCTRINE

Criminal liability for any other offense that was a natural and probable consequence of the crime aided and abetted.

Reasonable foreseeable consequences of the target crime.

The person understood what was taking place and he encouraged her to commit a crime. A person who is merely present at the commission of a crime will not be guilty of aiding or abetting. However, the look-out man is an aider and abettor.

ACCESSORY BEFORE THE FACT

Counseling: a person advises, recommends, hires, procures, instigates, persuades, solicits and incites. A counselor is a party to the offense even if the crime is committed in a way different from what was suggested. Counseling is an offense. So an offense is committed even if the counseled offence is not committed.

Actus Reus: solicit, hire another person to commit a crime.

Mens Rea: intention to solicit with SPECIFIC INTENT that the other person commit the crime.

Complete even if the other person doesn’t intend commit the crime. Also, no crime if I make a joke and you pick it up and commit a crime.

No solicitation if what requested is assistance.

Criminal policy purpose: to nip criminal tendencies at the stem.

Solicitation is an attempted conspiracy. Once agreed, a conspiracy has been formed.

Renunciation of criminal purpose: (i) persuades the solicited party not to commit the offense, or (ii) prevents the solicited party from committing the offense.

ACCESSORY AFTER THE FACT

W/knowledge of P’s crime, he intentionally assist the Principal to escape, avoid arrest, trial, conviction, etc.

To help someone who has committed an offense to escape. 3 requirements: (i) knowledge that the other person has been a party to an offense, (ii) he must help the principal to escape, and (iii) the assistance must have been given with the intention of helping a criminal escape. It is possible for the principal not to be convicted and the accessory may still be liable (death, minor, not found, etc.).

Note that the commission of an offense continues –and those who aid are aiders and abettors- until all of the acts constituting the crime have ceased.

Getaway car: aider and abettor.

Separate offense: less serious.

CONSPIRACY

An agreement by two or more persons to do an criminal act, a series of criminal acts or to accomplish a legal act by unlawful means.

Conspiracy is extremely controversial. It is so vague that it almost defies definition. It is predominantly mental in nature.

Actus reus: the agreement.

Mens rea: Dual intent, to enter into the agreement, and that the agreement be carried out.

Criminal policy: to nip crime at its stem.