LLB180 Study Guide - Final Guide: Robbery, Indictable Offence, Actus Reus
Scaffold Week 5 – Complicity II; Attempt
Accessorial Liability
Accessorial liability is another complicity doctrine, which extends derivative criminal liability
to those who were not a part of a joint criminal enterprise yet nonetheless participated in
the commission of a crime in some way. In order to be held responsible for a crime under
accessorial liability, an accused must satisfy the following elements:
• Actus reus: either of the following:
Principal in the second degree: The accused was present in the commission
of the crime
▪ Mere presence or acquiescence, even if not accidental, is not enough.
The accused must have aided, abetted, counselled or procured the crime
(rendered encouragement or assistance): Phan; Clarkson
▪ The encouragement/assistance must have been in the presence of the
offender, but need not have influenced him: Lam
▪ Presence is elastic, being close by to help is also sufficient: McCarthy and
Ryan
Accessory before the fact: The accused took part in preliminary stages of
crime by aiding, abetting, counselling or procuring, but was not present when
the crime is committed.
▪ The assistance must have been in the presence of the offender, but
need not have influenced him: Lam
• Procuring: - taking steps to produce a desired result; participation in preparation
• Aiding, abetting & counselling = assistance and/or encouragement
• The accused must perform some positive act which encouraged or assisted the
crime, since mere presence is not enough
• Mens rea: intention to assist with the crime, not that the crime be
committed: Giorgianni; Stokes and Difford
- Require knowledge of the essential facts which make up the offence: Giorgianni.
- Doesn't need to have knowledge of the exact crime, can be similar
type: Ancuta; Bainbridge.
- If more serious crime resulted than the one the accused intended to assist with,
accused will be liable for the lesser crime: Chai.
If the elements can be proved, the accused will be held as incurring accessorial liability.
Accessorial liability is derivative, which means that the accused will only be convicted if the
primary offender is also convicted.
- This means the accused will benefit off any defences used by the primary
offender.
The Offece Coditio
Requiring that a primary offender be convicted of the same offence alleged against the
secondary participant
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Document Summary
Accessorial liability is another complicity doctrine, which extends derivative criminal liability to those who were not a part of a joint criminal enterprise yet nonetheless participated in the commission of a crime in some way. In order to be held responsible for a crime under accessorial liability, an accused must satisfy the following elements: actus reus: either of the following: Principal in the second degree: the accused was present in the commission of the crime: mere presence or acquiescence, even if not accidental, is not enough. Require knowledge of the essential facts which make up the offence: giorgianni. Doesn"t need to have knowledge of the exact crime, can be similar type: ancuta; bainbridge. If more serious crime resulted than the one the accused intended to assist with, accused will be liable for the lesser crime: chai. If the elements can be proved, the accused will be held as incurring accessorial liability.
