Chapter 12 Self-test questions

What is accomplice liability (or complicity)?

Where multiple defendants are involved in an offence.

Where an assistant commits an inchoate offence.

Where there are multiple victims for an offence.

Where there has been a conspiracy between defendants.

What is a principal?

The D who is highest ranking in the group, in gang crime.

The D who has organised and overseen the offence.

The D who is under police observation, if any is occurring.

The D who completes the actus reus and mens rea of the principal (main) offence.

What is an accomplice?

Where this D completes the actus reus and mens rea of the principal (main) offence themselves, on behalf of the main D.

Where this D, rather than completing the actus reus and mens rea of the principal (main) offence themselves, commits another offence.

Where this D, rather than completing the actus reus and mens rea of the principal (main) offence themselves, does nothing and the offence is committed by another D

Where this D, rather than completing the actus reus and mens rea of the principal (main) offence themselves, instead aids, abets, counsels, or procures the principal D to commit the offence, and it is committed.

It is always clear from the case facts as to whether D is a principal or an accomplice. True or false?

True

False

What is the leading case on the differentiation of principals and accomplices?

Rahman [2007] EWCA Crim 342

Gnango [2011] UKSC 59

Powell and English [1999] 1 AC 1

Crilly [2018] EWCA Crim 168

Which statute gave rise to the concept of accessorial liability?

Crime and Courts Act 2013

Accessories and Abettors Act 1861

Serious Crime Act 2007

Criminal Justice and Courts Act 2015

How do we define "aiding"?

Assisting the principal.

Forcing the principal to do something.

Encouraging the principal.

Producing the principal's offending by endeavour.

How do we define "abetting"?

Assisting the principal.

Trying to foresee what the principal will do next.

Encouraging the principal.

Producing the principal's offending by endeavour.

How do we define "counselling"?

Assisting the principal.

Forcing the principal to do something.

Encouraging the principal.

Producing the principal's offending by endeavour.

How do we define "procuring"?

Assisting the principal.

Forcing the principal to do something.

Encouraging the principal.

Producing the principal's offending by endeavour.

"Joint enterprise" is the same thing as "joint criminal enterprise," "joint venture," "joint criminal venture," and "parasitic accessory liability" (PAL). True or false?

True

False

What did the term "joint enterprise" actually mean?

Two or more Ds working towards a common criminal purpose.

An offence of statutory conspiracy.

A business where two or more directors have committed fraud.

An offence of murder committed by more than one D.

Which case abolished the concept of joint enterprise liability?

Johnson & Others (Joint Enterprise) [2016] EWCA Crim 1613

Gnango [2011] UKSC 59

Powell and English [1999] 1 AC 1

Jogee [2016] UKSC 8

It is possible for D to be complicit in an inchoate offence.
True or false?

True

False

The offences of attempted conspiracy or attempted complicity do not exist. True or false?

True

False

The general defences apply to complicity. True or false?

True

False

Withdrawal can be a defence to offences of complicity. True or false?

True

False

The victim rule can be a defence to offences of complicity.
True or false?

True

False

There is scope to develop the law on defences to complicity.
True or false?

True

False

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