Parties to an offence and inchoate offences - Accomplices and secondary liability

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Overview

Understanding the complexities of parties to an offence and inchoate offences is vital for success in the SQE1 FLK2 exam. This guide explores the legal principles behind principal offenders, accomplices, secondary liability, and inchoate offences. By understanding these concepts, you'll be equipped to analyze criminal law scenarios effectively.

Principal Offenders: The Basis of Criminal Liability

Principal offenders commit the physical act of a crime with the required mental intent. They are central to criminal liability and help define the roles of accomplices and secondary parties.

Types of Principal Offenders

  1. Single Principal: One person fulfills both physical and mental elements.
  2. Joint Principals: Multiple individuals, each meeting both elements.

Duty-Based Liability

Liability can also arise from failing to act when legally required. In R v Russell and Russell (1987), a parent's inaction led to culpability due to their duty to their child. This case highlights the necessity of recognizing legal duties and the consequences of neglecting them.

Accomplices and Secondary Liability

Accomplices, or secondary parties, assist or support the commission of a crime. Their role is governed by the Accessories and Abettors Act 1861, detailing how someone can be involved:

  1. Aiding: Providing material aid.
  2. Abetting: Encouraging or inciting.
  3. Counseling: Advising or instigating.
  4. Procuring: Ensuring the crime occurs.

Mens Rea for Accomplices: Beyond Mere Foresight

The case of R v. Jogee [2016] UKSC 8 redefined accomplice liability. The court made clear that intention to assist or encourage the crime is required, shifting the focus from merely foreseeing the crime.

Joint Enterprise: Accomplices as Principal Offenders

Joint enterprise involves an agreement to commit a crime, with one participant acting beyond the original plan. R v. Gnango [2011] UKSC 59 emphasized the need to establish intent for each participant, especially with unforeseen outcomes.

Inchoate Offences: Acts Preceding a Crime

Inchoate offences criminalize actions with culpable intent, even if not fully carried out.

Types of Inchoate Offences

  1. Attempts

    • Defined by the Criminal Attempts Act 1981, s.1(1)
    • Key elements:
      • Actus Reus: Acts beyond mere preparation
      • Mens Rea: Intention to complete the crime
    • Case law: R v Gullefer [1990] and R v Bourdin (1867) illustrate preparation versus attempt.

  2. Conspiracy

    • Governed by the Criminal Law Act 1977, s.1(1)
    • Key elements:
      • Agreement: A shared goal to commit a crime
      • Intention: Each party plans to fulfill their role
    • Case law: R v Saik [2006] UKHL 18 demonstrates that joining an existing conspiracy can lead to liability.

The Mens Rea of Inchoate Offences

For attempts, the prosecution must prove intent to commit the crime. For conspiracy, it must be shown that parties agreed to commit the crime and intended to execute the plan.

Examples and Applications

Example 1: Accomplice Liability in a Robbery

Scenario: A group plans a jewelry store robbery. One drives the getaway car, another acts as a lookout, and a third enters the store and threatens the cashier.

Analysis: The individual who entered the store is the principal offender. The getaway driver and lookout are accomplices. All three could face robbery charges, with the prosecution proving intentional assistance or encouragement.

Example 2: Inchoate Offence - Attempt to Burglary

Scenario: A person plans to break into a store, buys tools, scouts the security, and arrives at midnight but is arrested before entering.

Analysis: The person may still be liable for attempted burglary. Their actions indicate intent, constituting a "substantial step" towards the crime.

Example 3: Inchoate Offence - Conspiracy to Commit Fraud

Scenario: Alice and Bob agree to create a fake online business using stolen credit card details. They are caught before selling any fake products.

Analysis: Alice and Bob are liable for conspiracy to commit fraud, as their agreement and shared intent establish their criminal liability.

Conclusion

Understanding the principles of parties to an offence and inchoate offences is essential for SQE1 FLK2 exam success. Key points include:

  1. Understanding the roles and liabilities of principal offenders
  2. Recognizing different forms of accomplice involvement and the importance of intent post-Jogee
  3. Distinguishing between preparation and attempts in inchoate offences
  4. Identifying conspiracy elements and applications
  5. Applying these principles to complex scenarios to understand participation and stages of criminal activity

By thoroughly engaging with these concepts and practicing their application, you will be well-prepared for the FLK2 exam and your legal career.