INVOLVEMENT IN A CRIME The Perpetrator and Parties to Common Intention

Involvement in a Crime Not all crimes are the work of a single person Not all crimes are the work of a single person A successful bank robbery for example requires careful planning and co-operation among several people A successful bank robbery for example requires careful planning and co-operation among several people The law divides blame amongst various offenders in a single criminal case The law divides blame amongst various offenders in a 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 Offence Parties to an offence are people not directly involved in a crime but are considered partly responsible for it These 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 Aiding is a criminal offence that involves helping a perpetrator commit a crime The person does not need to be present when the crime is committed Example:Pharmacy clerk Jennie-Mae gives her boyfriend Bob the key to the pharmacy so he can use it to break into the pharmacy and steal prescription drugs

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 Attempt Attempt 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