o) Complicity (chp 12)

Summary

In this video, John discusses the concept of complicity, also known as accomplice liability, explaining its role in criminal law. Unlike the principal offender, a defendant in complicity assists, encourages, or procures the commission of a crime. John breaks down the actus reus and mens rea elements, emphasizing how the defendant’s intention to aid the principal offender is key. The discussion also covers the complexities of the defendant’s role, how to approach complicity in problem questions, and addresses potential defenses. The video provides a structured approach to understanding complicity liability.

Takeaways

• 😀 Complicity, also known as accomplice liability, involves a defendant assisting, encouraging, or procuring a principal offender to commit a crime.
• 😀 The principal offender is the person who directly completes the actus reus and has the associated mens rea, whereas the accomplice's role is indirect.
• 😀 A defendant who aids, abets, councils, or procures a crime is treated as if they committed the crime themselves once the principal offense is completed.
• 😀 Unlike inchoate liability, complicity requires that the principal offense must actually occur for the accomplice to be held liable.
• 😀 Procuring is a specific term in complicity, meaning the defendant has caused the crime without directly assisting or encouraging the principal offender.
• 😀 An example of procuring is a defendant who spikes someone’s drink, causing them to unknowingly commit a crime (like drink driving).
• 😀 In complicity, mens rea has two levels: the defendant's intent regarding their own actions, and their intent regarding the actions of the principal offender.
• 😀 The defendant must have the intention that the principal offender will commit the crime for complicity liability to apply.
• 😀 Innocent agency is a scenario where a person unintentionally assists in a crime, like a postman unknowingly delivering a bomb, and does not result in complicity liability.
• 😀 In the case of complicity, the defendant’s mens rea must be compared with the outcome of the principal offense to determine liability, including any discrepancies in the crime's severity.
• 😀 Complicity liability can become complex when considering whether the defendant intended a specific crime that differed from the actual offense committed by the principal offender, such as in cases of supervening events.

Q & A

What is complicity, and how is it different from being a principal offender?

Complicity, also known as accomplice liability, refers to a defendant who assists, encourages, or causes the principal offender to commit a crime. Unlike the principal offender, who directly causes the harm, the accomplice is indirectly involved, helping or influencing the principal offender to carry out the crime.

What are the different actions that can lead to complicity?

Complicity can occur when a defendant aids, abets, councils, or procures a principal offender to commit a crime. Aiding and abetting involve assistance or encouragement, while procuring refers to causing a crime to occur, even without directly assisting or encouraging.

What does 'procurement' mean in the context of complicity?

Procurement refers to a defendant's causal contribution to the crime, such as causing a crime to happen. For example, spiking someone's drink, leading them to unknowingly commit a crime like drink driving, would be considered procurement.

What are the two components of mens rea in complicity?

In complicity, mens rea involves two levels: the defendant's mens rea as to their own conduct (whether they intended to assist, encourage, or procure the principal offender) and the defendant's mens rea regarding the principal offender's actions (whether they intended for the principal offender to commit the crime).

How does the 'intention' standard in complicity differ from inchoate offenses?

In complicity, the defendant must act with the intention that the principal offender will commit the principal offense. This differs from inchoate offenses, where the defendant may not need to have the same level of intent regarding the outcome, but rather focuses on the defendant's own actions leading to a crime.

What role does the principal offense play in complicity?

For complicity to apply, the principal offense must actually occur. This means the principal offender must complete both the actus reus and mens rea of the crime. Only after confirming the principal offense has been committed can complicity be considered.

What is the significance of 'innocent agency' in relation to complicity?

Innocent agency occurs when a defendant causes a crime through another party who is unaware of their involvement. In this scenario, the defendant remains the principal offender, not an accomplice, because the third party (such as a delivery person) is unaware and does not voluntarily contribute to the crime.

What happens if a defendant encourages a principal offender to commit a less serious crime but the principal offender commits a more serious crime?

If the principal offender commits a more serious crime than the defendant intended, the defendant may still be liable for the more serious offense, depending on the circumstances and whether the original intention aligns with the outcome of the crime.

Can a defendant still be liable for complicity if the principal offender commits a different crime than intended?

Yes, the defendant may still be liable for complicity even if the principal offender commits a different crime, as long as there is a sufficient link between the defendant's intent and the principal offense, unless there is a supervening event that disrupts that link.

What is the 'supervening event' mentioned in complicity cases?

A supervening event refers to an unexpected or intervening event that might disrupt the causal connection between the defendant's intentions and the principal offender's actions. For example, if the defendant intended the principal offender to kill one person but the principal killed someone else, the event may disrupt the link between the defendant's intent and the crime.