LLB180 Final: COMPLICITY Cheat Sheet
COMPLICITY
JOINT CRIMINAL ENTERPRISE (JCE):
Agreement between persons, where the crime is collectively committed, all are equally
liable (‘common purpose’ or ‘acting in concert’)
AGREEMENT –
Summary of what the Prosecution must show –McEwan, Robb & Dambitas
1. The accused has reached an agreement or understanding with one of more other
persons to pursue a joint criminal enterprise that remained in existence at the time of
the crime
2. The accused participated in some way
3. That in accordance with the agreement, one or more parties committed the acts
necessary to complete the offence
4. At the time of entering the agreement that the accused had the state of mind required
to commit the offence
WITHDRAWAL –
‘To effectively withdraw from a common enterprise upon which he has embarked he must
withdraw completely. It must be timely. He must make it known to the others that he was
withdrawing and he must, by such acts and words as may be appropriate, do what he
reasonably can to dissuade the others from continuing with the unlawful purpose. … The onus
remains with the Crown to negate the effective withdrawal...’ – Tietie
EXTENDED JOINT CRIMINAL ENTERPRISE (EJCE):
Occurs when an additional crime is committed during a JCE, all members are equally liable
(‘extended common purpose’)
Crown must SHOW FORESIGHT OF CONDUCT AND MENTAL STATE – Barlow (1997) 188 CLR 1
JCE + ADDITIONAL CRIME –
JCE –
Taufahmea [2007]: ‘That is not to say that the prosecution must identify the JCE
with complete specificity. However, the judge and jury must know enough about
the enterprise to enable a decision to be made, first, as to whether it is criminal,
and secondly as to whether [it was] within the scope of the common purpose
reflected in the JCE in that it was foreseen as a possible incident…’
ACCESSORIAL LIABILITY –
MENTAL ELEMENTS –
INTENTION
To assist the commission of the crime
KNOWLEDGE
Must be ACTUAL KNOWLEDGE of the elements – Georgianni
‘The knowledge will usually crystallise in the accessory’s mind before he involves
himself as an accessory to that crime.’ – Stokes v Difford
ACTUS REUS –
‘AIDING, ABETTING, COUNSELLING OR PROCURING’
‘What was needed in such a case is proof that the principal in the second degree was
linked in purpose with the person actually committing the crime, and was by his or
her words or conduct doing something to bring about, or rendering more likely,
through encouragement or assistance, its commission.’ – Phan
PRESENCE – not necessary at the scene, can be evidence of intention
OFFENCE CONDITION – no longer binding as it would lead to unmerititous acquittals
WITHDRAWL – same rules as JCE
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Agreement between persons, where the crime is collectively committed, all are equally liable ( common purpose" or acting in concert") To effectively withdraw from a common enterprise upon which he has embarked he must withdraw completely. He must make it known to the others that he was withdrawing and he must, by such acts and words as may be appropriate, do what he reasonably can to dissuade the others from continuing with the unlawful purpose. The onus remains with the crown to negate the effective withdrawal" tietie. Occurs when an additional crime is committed during a jce, all members are equally liable ( extended common purpose") Crown must show foresight of conduct and mental state barlow (1997) 188 clr 1. Taufahmea [2007]: that is not to say that the prosecution must identify the jce with complete specificity. Must be actual knowledge of the elements georgianni.
