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