LAW MODERATIONS CRIMINAL LAW 2000 - 2001 VACATION EXERCISE

COMPLICITY

Articles and Sources

Ashworth, 3rd edn., Ch10

[1986] Crim L R 663-676

85 LQR 252

*Accessories and Abettors Act 1861, s. 8

**LC 143 10.1 - 10.20

Actus Reus

****AG's Ref (No 1 of 1975) [1975] 2 All 684

*Calhaen [1985] 2 All E R 266

****Gillick v West Norfolk & Wisbech A H A [1986] Crim L R 113

Relation to Liability of Principal

Bourne (1952) 36 Cr App Rep 125

Kemp and Else [1964] 2 QB 341

**Richards [1973] 3 All E R 1088

Quick [1973] QB 910, **923C-E

*Cogan and Leak [1976] QB 217

****Burke et al [1986] Crim L R 331

Mens Rea

*Bainbridge [1960] 1 QB 129

***Anderson and Morris [1966] 1 W L R 1025

**Maxwell [1978] 3 All E R 1140

**AG v Able [1984] Crim L R 35

**Whitefield [1984] Crim L R 97

**Alford Transport [1997] Crim L R 745

***COMPLICITY AND HOMICIDE

**Chan Wing-Sui [1984] Crim L R 549

****Hyde, Sussex, Collins [1991] Crim L R 133

*Rook [1993] Crim L R 698

****Powell (& English) [1997] 3 W L R 959; ***(Clarkson) 1998 Crim L R 556-561

Uddin [1998] 2 All ER 744

Greatrex & Bates [1998] Crim L R 733

*Mitchell & King [1999] Crim L R 496

**Gilmour [2000] Crim L R 763 **(Toczek) 2000 New Law Journal 1368



PROBLEMS

D1 and D2 go to D1's home where they discover V, D1's wife, committing adultery. D2, who has never liked V and bears her a grudge, calls out, "Kill her". D1, beside himself with jealous rage, strangles V. At the trial of D1 and D2 for murder, D1 pleads provocation and is convicted of manslaughter. The jury finds that D2 was not deprived of self-control and asks the judge for directions. How should the judge respond?



Albert and Brian are charged with the murder of Charles. Albert confesses that he urged Brian to kill Charles and indeed stood by and watched. Assume this confession inadmissible against Brian. Can Albert be convicted as an abettor even though Brian is acquitted?



Bonnie and Clyde set out to rob a bank. Clyde has a gun and Bonnie knows this. The raid goes badly and both are arrested, Clyde not without a struggle during which his gun goes off, killing a police officer. Clyde made no attempt to use his gun or even take it from his pocket. Bonnie, however, admits that she foresaw the possibility of serious injury or death. Consider the criminal liability of Bonnie and of Clyde.