Possible Participants in a Crime (VCE SSCE Legal Studies): Flashcards
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Two main categories of crime participants (Victorian law)
Two main categories of crime participants (Victorian law)
Principal offenders and accessories
Principal offender definition
Principal offender definition
Person who carries out actus reus (guilty act) of crime
Meaning of actus reus
Meaning of actus reus
Guilty act or omission that makes up a crime
Principal offender without physically committing crime
Principal offender without physically committing crime
Possible if 'involved in' by assisting, encouraging or directing
Accessory definition
Accessory definition
Person who assists principal offender after crime committed
Timing: principal offender vs accessory
Timing: principal offender vs accessory
Principal: during/before crime. Accessory: after crime
Prison term for original crime (accessory requirement)
Prison term for original crime (accessory requirement)
5+ years (serious indictable offence)
Accessory's required knowledge
Accessory's required knowledge
Must know/believe offender committed serious indictable offence
Principal offender conviction if others not prosecuted
Principal offender conviction if others not prosecuted
Can be found guilty independently
Accessory conviction without principal offender convicted
Accessory conviction without principal offender convicted
Can be found guilty regardless of principal's conviction