Involvement in a Crime Identifying all the possible participants in a crime and the possible charges they could face.

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Presentation transcript:

Involvement in a Crime Identifying all the possible participants in a crime and the possible charges they could face

The perpetrator person who actually commits the criminal offence more than one person involved are called ‘co- perpetrators’ person actually has to be present at the scene of the offence to be identified as either a perpetrator or co-perpetrator

Aiding people might not be directly involved in committing a crime but may be considered partly responsible called parties to an offence linked to the crime through some form of assistance to the perpetrator

Aiding aiding means helping the perpetrator commit a crime does not have to be present when the offence is committed

Abetting different from aiding this means encouraging the perpetrator to commit a crime without physical assistance urging someone on in a physical confrontation can lead to a charge of ‘abetting an assault’

Aiding & Abetting knowledge of a crime or being present at the scene does not equal aiding or abetting to be guilty, you have to know that a criminal action was intended and must have committed some action that assisted the perpetrator

Aiding & Abetting presence at the time of the offence can be used as evidence of aiding and abetting if prior knowledge of the perpetrator’s intention can be proven

Counselling counselling = advising, recommending or persuading another person to commit an offence don’t have to be present to get charged persuading someone to steal things from a store and the best way to do it

Accessory After the Fact takes place after the crime not someone who participated or helped plan the crime knew someone was involved in an offence and received, comforted or assisted that person in escaping from the police

Accessory After the Fact simple acts can lead to accessory after the fact providing food, clothing or medical assistance can lead to charges

Party to Common Intention you and your friends set out to commit a crime and, in the process, end up committing several other crimes you are all responsible for the original crime and then all other offences shared responsibility is known as party to common intention

Party to Common Intention you and your friends (there are six of you) decide to hijack a Brinks armoured car in the process one of you shoots and kills the driver all six of you are on the hook for a murder charge

Incomplete Crimes exceptions to the caveat criminal acts must be completed for crimes to exist one is criminal attempt; means the person had the intent to commit a crime but didn’t follow through

Incomplete Crimes Attempt does not require actus reus, but the guilty act begins the minute preparation turns into an action to commit the offence building a bomb, or transporting a bomb can indicate a realistic threat = criminal attempt

Incomplete Crimes Conspiracy is another example this is an agreement between two or more people to perform an illegal act even if the conspirators change their mind, they are still guilty of conspiracy because they once agreed to commit the crime