Professional Documents
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Complicity
1. MODES OF PARTICIPATION
By coincidence, P and S simultaneously and independently attack V, who dies from the
cumulative effect of the blows. They are both principals in the murder of V.
(c) As an accessory
(b) What do you convict accessories of? Derivative liability a starting point
(f) Can an accessory be convicted when the principal does not commit a crime?
(I) S must act intentionally + S must intend thereby to aid, abet, counsel or procure
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But see also Gillick v West Norfolk and Wisbech AHA [1986] AC 112
Sexual Offences Act 2003, s73
Blakely and Sutton v Chief Constable of West Mercia [1991] RTR 405
Callow v Tillstone (1900) 19 Cox CC 576
(II) Compare the conduct, not the intention with which it is performed
Rahman [2009] 1 AC 129
i. Old law
Chan Wing-Siu v The Queen [1985] AC 168
Powell and Daniels; English [1999] AC 1
Gnango [2012] 1 AC 827
Parasitic accessory liability arises where (i) D1 and D2 have a common intention to
commit crime A (ii) D1, as an incident of committing crime A, commits crime B, and
(iii) D2 had foreseen the possibility that he might do so. (Lord Phillips and Judge, at
[42])
S was liable for P's deliberate commission of a fundamentally different crime B if she
foresaw the possibility that crime B might be committed, or continued to participate
in the joint enterprise after realising that crime B was being committed. Intention to
encourage or assist Crime B was not necessary.
Simester, Accessory liability and common unlawful purposes (2017) 133 LQR 73
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5. DEFENCES
(a) Withdrawal
6. POST-SCRIPT/REVIEW GNANGO
(1) A person is guilty of affray if he uses or threatens unlawful violence towards another and
his conduct is such as would cause a person of reasonable firmness present at the scene to
fear for his personal safety.
(2) Where two or more persons use or threaten the unlawful violence, it is the conduct of
them taken together that must be considered for the purposes of subsection (1).