Involvement in a Crime

1. Involvement in a Crime Identifying all the possible participants in a crime and the possible charges they could face

2. 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

3. Aiding • 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

4. Aiding • aiding means helping the perpetrator commit a crime • does not have to be present when the offence is committed

5. Abetting • 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’

6. 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

7. 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

8. Counselling • 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

9. 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

10. Accessory After the Fact • simple acts can lead to accessory after the fact • providing food, clothing or medical assistance can lead to charges

11. 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

12. 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

13. 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

14. 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

15. 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