Criminal Law – Accessories & Abettors
Act Revision Notes
Accessories & Abettors Act Overview
Accessories & Abettors Act: Holding someone responsible for a crime they did not commit
directly, but had a part in facilitating
Elements of Secondary Liability
R v Bourne: Element 1 – An offence committed
DPP for NI v Maxwell: Element 2 – Aid (e.g. driving)
R v Gianetto: Element 3 – To abet (encourage)
R v Giannetto: Element 4 – To counsel (advise)
Lord Widgery (AG Ref): Element 5 – To procure: 'Setting out, taking steps to produce that
happening' – cannot occur by omission
Mens Rea Requirements
R v Bryce: Knowledge by belief, contemplation, or foresight of a real risk/possibility
R v Jogee: Intention to encourage or assist
R v Mitchell: Effective withdrawal from involvement
R v Tyrel: Victim Rule – Victim of sexual offence cannot be guilty as secondary party
Post R v Jogee – Clarified Principles
Principle 1: Secondary offender must intend to aid, abet, counsel, or procure the principal
offender to commit the offence
Principle 2: Secondary offender must intend that the principal offender will have the
offence's mens rea
Principle 3: Foresight is not intention, but may be evidence of that intention
Act Revision Notes
Accessories & Abettors Act Overview
Accessories & Abettors Act: Holding someone responsible for a crime they did not commit
directly, but had a part in facilitating
Elements of Secondary Liability
R v Bourne: Element 1 – An offence committed
DPP for NI v Maxwell: Element 2 – Aid (e.g. driving)
R v Gianetto: Element 3 – To abet (encourage)
R v Giannetto: Element 4 – To counsel (advise)
Lord Widgery (AG Ref): Element 5 – To procure: 'Setting out, taking steps to produce that
happening' – cannot occur by omission
Mens Rea Requirements
R v Bryce: Knowledge by belief, contemplation, or foresight of a real risk/possibility
R v Jogee: Intention to encourage or assist
R v Mitchell: Effective withdrawal from involvement
R v Tyrel: Victim Rule – Victim of sexual offence cannot be guilty as secondary party
Post R v Jogee – Clarified Principles
Principle 1: Secondary offender must intend to aid, abet, counsel, or procure the principal
offender to commit the offence
Principle 2: Secondary offender must intend that the principal offender will have the
offence's mens rea
Principle 3: Foresight is not intention, but may be evidence of that intention
