Deck 16: Accessorial Liability

Question 1

Which term best describes a person through which the principal causes the actus reus?

A) Innocent agent
B) Joint principal
C) Secondary party
D) Accessory

Answer 1

A

Question 2

Which ONE of the following is NOT an actus reus element of accessorial liability?

A) Counselling
B) Procuring
C) Conspiring
D) Aiding

Answer 2

C

Question 3

Which ONE of the following CANNOT be performed before the commission of the principal offence?

A) Procuring
B) Aiding
C) Counselling
D) Abetting

Answer 3

D

Question 4

Which of the following cases is authority for the principle that procuring means "to produce by endeavour"?

A) Calhaem (1985)
B) Wilcox v Jeffery (1951)
C) Bainbridge (1960)
D) AG's Reference (No 1 of 1975) (1975)

Question 5

Advising, soliciting, encouraging or threatening the principal to commit an offence amounts to which ONE of the following?

A) Counselling
B) Abetting
C) Procuring
D) Aiding

Question 6

Miranda and Cheryl decide to take part in a robbery of a bank. Unbeknown to Cheryl, Miranda takes a loaded gun with her. During the robbery, Miranda pulls out the gun and shoots an employee of the bank, killing him. Which of the following statements correctly represent the mens rea required to convict Cheryl of murder?

A) Foresight that Cheryl might kill and that she might have the intention to kill or cause GBH
B) Intention to encourage or assist the principal to intentionally inflict GBH or kill
C) Foresight that Cheryl might cause GBH
D) Foresight that Cheryl is virtually certain to cause GBH and that Cheryl might have the intention to kill or cause GBH

Question 7

Which of the following statements about the Supreme Court decision in R v Jogee (2016) is correct?

A) Foresight is synonymous with intention as a matter of law
B) Foresight is evidence of intention but is not synonymous with intention
C) For accessorial liability, the prosecution must prove that the defendant foresaw that the principal would commit the offence with the requisite mens rea
D) The principle of fundamental departure means that a defendant should not be convicted if the principal's act was fundamentally different from the act that the defendant foresaw that the principal might commit

Question 8

Which of the following cases is authority for the proposition that a defendant must "countermand" or "repent" in order to successfully withdraw his participation at the scene of the crime?

A) Grundy (1977)
B) Whitefield (1984)
C) Becerra and Cooper (1976)
D) Robinson (2000)