Complicity
a. Introduction
- 3 categories
o Joint principal
o Principal through an innocent agent
o As an accessory
b. Joint Principals
- Two ways of being joint principals:
Several people contribute to the actus reus of the offence
Each person contributes to a different component of the actus reus they cumulatively
perform the entire actus reus of the offence
- Eg. By coincidence, P and S simultaneously and independently attack V, who dies from the
cumulative effect of the blows
- They are both principals in the murder of V; unable to identify one single blow that killed V
c. Principal Through an Innocent Agent
- Where an innocent agent who lacks mens rea is used as an implement in another’s criminal
scheme
- Only arises when P intends to manipulate S; does not apply when P thinks S has agreed
R v Michael
P wanted to kill child who was in foster care; gave poison to the foster mother and told her it
was medicine
Foster mother forgot to administer the poison
However, foster mother’s daughter overheard conversation and administered the poison
instead
Held that the actual mother of the child was the principal and the foster mother and her
daughter were only innocent agents
R v Cogan & Leak
Leak told a friend that his wife enjoyed having sex with strangers, and only pretended to
resist
Wife did not physically resist but was sobbing throughout
At the time, Cogan could not be convicted because he honestly believed that the wife was
consenting
Held that it would have been possible to charge Leak as a principal acting through an
innocent agent
a. Introduction
- 3 categories
o Joint principal
o Principal through an innocent agent
o As an accessory
b. Joint Principals
- Two ways of being joint principals:
Several people contribute to the actus reus of the offence
Each person contributes to a different component of the actus reus they cumulatively
perform the entire actus reus of the offence
- Eg. By coincidence, P and S simultaneously and independently attack V, who dies from the
cumulative effect of the blows
- They are both principals in the murder of V; unable to identify one single blow that killed V
c. Principal Through an Innocent Agent
- Where an innocent agent who lacks mens rea is used as an implement in another’s criminal
scheme
- Only arises when P intends to manipulate S; does not apply when P thinks S has agreed
R v Michael
P wanted to kill child who was in foster care; gave poison to the foster mother and told her it
was medicine
Foster mother forgot to administer the poison
However, foster mother’s daughter overheard conversation and administered the poison
instead
Held that the actual mother of the child was the principal and the foster mother and her
daughter were only innocent agents
R v Cogan & Leak
Leak told a friend that his wife enjoyed having sex with strangers, and only pretended to
resist
Wife did not physically resist but was sobbing throughout
At the time, Cogan could not be convicted because he honestly believed that the wife was
consenting
Held that it would have been possible to charge Leak as a principal acting through an
innocent agent
