involvement in a crime the perpetrator and parties to common intention
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INVOLVEMENT IN A CRIME
The Perpetrator and Parties to Common Intention
Involvement in a CrimeNot all crimes are the work of a single personNot all crimes are the work of a single person
A successful bank robbery for example requires A successful bank robbery for example requires careful planning and co-operation among several careful planning and co-operation among several peoplepeople
The law divides blame amongst various offenders in The law divides blame amongst various offenders in a single criminal casea single criminal case
The Perpetrator• The perpetrator is the person who actually commits the criminal offence
• Example: A lone person robbing a bank holds the gun, collects the cash, and then escapes
• When more than one person is directly involved in committing a crime, they are known as co-perpetrators
• Example : Two people rob a bank with one holding the gun and the other collects the cash
Parties to an OffenceParties to an offence are people not directly involved
in a crime but are considered partly responsible for itThese people somehow assisted the perpetrator to
actually commit the crime
Section 21 (2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.
Aiding
AidingAiding is a criminal offence that involves helping a
perpetrator commit a crimeThe person does not need to be present when the
crime is committed
Example: Pharmacy clerk Jennie-Mae gives her boyfriend Bob the key tothe pharmacy so he can use it to break into the pharmacy and
steal prescription drugs
Abetting
Abetting• Abetting is the crime of encouraging the perpetrator to commit an offence without actually providing and physical assistance
• Example: Gage assaults Kharthik in the school parking lot, Corey ‘eggs’ Gage on, urging him to hit Kharthik repeatedly
• Think of how this could relate to school
Counseling
• Counseling is a crime that involves advising, recommending, or persuading another person to commit a criminal offence
• Example: Emily persuades Shia to steal goods from the store where she works by advising her the best way to do it
Accessory after the Fact
• Accessory after the fact is when a person knowingly receives, comforts, or assists a perpetrator escaping from the police
• Example: Aaron knowingly lets Danielle stay at his apartment, and provides her with food, clothing, and first aid after she was injured while escaping security guards after being caught shoplifting
Party to Common Intention
• Party to common intention is the shared responsibility among criminals for any additional offences that are committed in the course of the crime originally intended to commit
• Example: Six people hijack an armoured truck and one of them shoots and kills the driver, all six could be charged with murder
Incomplete Crimes
AttemptAttempt is the intention to
commit a crime, even when the crime is not completed
Does not require Actus Reas but a guilty act begins when preparation turns into an attempted action
Mens Rea is established as occurring at the beginning of an attempt
Example: Trying to set off a bomb but it fails to explode
Conspiracy Conspiracy is an agreement
between two or more people to carry out an illegal act, even if the crime does not occur
Example: You arrange a large drug purchase from an undercover police officer
An action does not always have to be completed for a crime to occur, there are exceptions to this rule