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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’

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involvement in a crime

Involvement in a Crime

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

the perpetrator
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
  • 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 means helping the perpetrator commit a crime
  • does not have to be present when the offence is committed
  • 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
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 abetting1
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 = 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
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 fact1
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
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 intention1
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
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 crimes1
Incomplete Crimes
  • Attempt does not require actusreus, 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 crimes2
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