Criminal Law Lecture Notes

Overview

• The lecture covers the topic of parties to a crime within the broader category of criminal liability.
• Focus on the complexities of criminal participation, including the involvement of multiple defendants in criminal activity.

Defining Terms in Criminal Law

• D1 (Primary Defendant): The main perpetrator of a crime.
• D2 (Secondary Defendant/Accessory): Aids or abets the primary defendant.
• V (Victim): The person against whom the crime is committed.
• Importance of consistent terminology as different textbooks may use different terms.

Accessory Liability

• Accessory Liability: Involvement in criminal activity by aiding, abetting, counseling, or procuring the crime.
• Referenced in the Accessories and Abettors Act 1861: Outlines liability for anyone aiding an indictable offense.

Key Case: Crown and Jogee (2016)

• Supreme Court case where defendants convicted of murder as part of a criminal joint enterprise.
• Key Ruling: Foreseeing a crime does not equate to aiding or encouraging and cannot establish liability.

Aiding and Abetting

• Aiding: Assisting the primary defendant in crime commission.
  • Can be without the primary defendant's knowledge.
  • Example: Case of Brown (1968, Australia).
• Abetting: Encouraging the primary defendant to commit the offense.
  • Requires communication and the principal must gain encouragement.
  • Example: Case of Ginto (1997).

Presence at Crime Scene

• Crown vs. Clarkson: Presence alone at a crime scene does not constitute aiding or abetting.

Counseling and Procuring

• Counseling: Advising or soliciting before offense occurs.
  • Example: Crown vs. Cogan (1985).
• Procuring: Causing a crime to occur, broad in scope.
  • Example: AG Reference No.1 (1975) where an accessory procured drink driving.

Derivative Liability

• Allows conviction of an accessory even if the principal is not convicted.
  • Example: Thornton and Mitchell (1940) and Kogan and Leak (1976).

Withdrawal from Participation

• An accessory can avoid liability if they clearly withdraw before or during the crime.
  • Example: Whitefield (1984), where the accessory withdrew from a planned burglary.

Conclusion

• The lecture explored various legal nuances of secondary liability and the mechanisms by which individuals can be liable as accessories to crimes.