LLB180 Lecture Notes - Lecture 5: The Brakes, The Offence, Actus Reus
Document Summary
Complicity will be assessed in the exam umbrella term when individual. In light of the current rules regarding jce (post-osland) and extended jce, the prosecution should only need to rely on accessorial liability where: or where d2 has not participated in any way. It derives from the liability/criminality of d1 where there is no agreement between d1 & d2: however, in some circumstances, d2 may be convicted of a more serious crime than. So long as the evidence in the trial establishes murder to the d1, d2 can be charged with murder, even if d1 is not. Irrespective of what they have pled guilty to. Court held that d2 could be convicted of murder based on accessorial liability even where p accepted pleas to lesser crimes for d1 and the other accused not an abuse of process legitimate exercise of p discretion. The defendant owned a truck which was used by his employee to haul coal from mt.
