Participation
Principal Offender
Person who commits the Actus
Reus or is immediately
responsible for the consequences
Secondary Offender
Person who aids, abets, counsel
or procure principle offender to
commit offence
Innocent Party
Someone who commits offence
Bourne
on behalf of the principle offender
Actus reus for secondary S 8 of Accessories and Abettors
Bainbridge
1959
offender is:act 1861
aids,
Assists, Helps or supports PO to Giannetto
abets,
commit offence
1997
Instigates, Incites, Encourages
Wilcox V
Jeffery 1951
counsel
Calhaem 1985
Solicit, Advices, Assistance,
procure
Encouragement
Millward 1984
Produce by endeavour
Mere presence
Not enough to be secondary
Clarksons and
offender unless you have a duty others
Tuck v
to act
Robson
Mens Rea for Secondary Must have intention to aid, abets,
offender
counsel or procure
Intention can be to
PO and SO will often have shared DPP for
provide something which intention but they do not have to
Nothern
they know will be used to know exactly what will happen
Ireland V
commit an offence
Maxwell 1978
Joint Enterprise is where
Powel 1997
two people both commit
English 1997
the actus reus