Deck 13: Complicity
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Deck 13: Complicity
1
Who is the principal in the criminal law?
A) the leader of a gang
B) the person whose acts or omissions amount to the actus reus of the offence
C) the person who receives the longest sentence
D) the person who helps another commit an offence
A) the leader of a gang
B) the person whose acts or omissions amount to the actus reus of the offence
C) the person who receives the longest sentence
D) the person who helps another commit an offence
B
Explanation: The principal is the person whose acts or omissions amount to the actus reus of the offence.
Explanation: The principal is the person whose acts or omissions amount to the actus reus of the offence.
2
Which of the following are ways of being an accomplice?
A) aiding
B) counselling
C) provoking
D) procuring
A) aiding
B) counselling
C) provoking
D) procuring
A,B,D
Explanation: You can be an accomplice by aiding, abetting, counselling, or procuring.
Explanation: You can be an accomplice by aiding, abetting, counselling, or procuring.
3
Offering help to someone which is not used cannot amount to aiding.
True
Explanation: Offering help to someone which is not used cannot amount to aiding, although it may be counselling.
Explanation: Offering help to someone which is not used cannot amount to aiding, although it may be counselling.
4
Procuring has been defined by the courts as to produce by ______.
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5
In which of the following circumstances can a person be liable as an accomplice for failing to act? [Please select all that apply]
A) He is under a duty to protect someone from danger and fails to do so.
B) His presence is an encouragement to the principal.
C) He is requested by a police constable to assist in a suppression of a breach of the peace but refuses to do so.
D) He knows that if he does not intervene the principal will commit a crime.
A) He is under a duty to protect someone from danger and fails to do so.
B) His presence is an encouragement to the principal.
C) He is requested by a police constable to assist in a suppression of a breach of the peace but refuses to do so.
D) He knows that if he does not intervene the principal will commit a crime.
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6
The mens rea for an accomplice includes the requirement that the accomplice intends to assist or encourage the principal to commit the offence.
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7
In order to withdraw an accomplice must serve ______ notice on the principal that if he continues he does so without the accomplice's support.
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8
In Jogee the Supreme Court abolished the doctrine of joint _____
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9
If a parent forced their child to commit a crime, the parent could be seen as the principal through the doctrine of innocent agency
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10
In Jogee the Supreme Court held that ____ intent would be sufficient as the mens rea for an accomplice.
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