Auxiliary Liability in Criminal Law - week 10

Auxiliary Liability

Liability for crimes beyond direct commission.

Inchoate Offences

Crimes that are incomplete or imperfect.

Incitement

Encouraging another to commit a crime.

Conspiracy

Agreement between parties to commit a crime.

Criminal Purpose

Objective that constitutes a crime if achieved.

Serious Intention

Requirement for conviction in incitement cases.

Agreement

Essential element of a criminal conspiracy.

Acts in Furtherance

Actions taken to support a conspiracy agreement.

Baxter v HM Adv

Case establishing standards for incitement.

Coleman v HM Adv

Case demonstrating agreement through actions.

HM Adv v Wilson

Case allowing separate verdicts for conspiracy and acts.

Sayers v HM Advocate

Case illustrating conspiracy with independent criminal acts.

Howitt v HM Adv

Case addressing multiple parties in conspiracy charges.

Criminal Indictment

Formal charge outlining conspiracy and actions.

Imperfect Offence

An offence not requiring completion of crime.

Encouragement

Act of urging someone to commit an offence.

Conspiracy Elements

Agreement and criminal purpose without required actions.

Criminal Liability

Legal responsibility for committing a crime.

Principal Offence

Main crime that incitement aims to achieve.

Leading Case

Significant legal precedent in criminal law.

Complex Indictments

Detailed charges involving multiple criminal acts.

Court Verdict

Judgment delivered by a court in a case.

Intent to Kill

Required mental state for certain criminal charges.

Criminal Conspiracy

Agreement to commit a crime by multiple parties.

Explosives Acquisition

Illegal obtaining of explosives for criminal purposes.

Terrorism Conspiracy

Agreement to commit acts of terrorism.

Incompetent Appeal

Appeal based on irrelevant trial outcomes.

Attempt

Act of trying to commit a crime.

Criminal Procedure (Scotland) Act 1995

Statute defining criminal attempts in Scotland.

Actus Reus

Physical act required for a crime.

Preparation to Perpetration

Transition from planning to committing a crime.

HM Adv v Camerons

Case establishing attempt via insurance fraud.

Samuel Tumbleson Case

Attempted murder via poisoned oatmeal given.

HM Adv v Baxter

Attempt not established without irreversible action.

Morton v Henderson

Efforts must be irreversible for attempt liability.

Guthrie v Friel

Attempt conviction despite not driving actively.

Mens Rea

Mental state required for committing a crime.

Recklessness

Conscious disregard of substantial risk.

Cawthorne v HM Adv

Attempted murder despite lack of intent.

Strachan v HM Adv

Threats can constitute attempted murder without intent.

Impossibility Defense

Inability to commit crime not a valid defense.

Docherty v Brown

Attempt charge valid despite actual drug absence.

Art and Part Liability

Shared criminal responsibility among conspirators.

Common Purpose

Shared intent to commit a crime among parties.

HM Adv v Lappen

Case defining principles of art and part liability.

HM Adv v Welsh and McLachlan

Case involving murder during theft, establishing liability.

Art and Part

Liability for participation in a crime.

Accessory

Individual playing a lesser role in a crime.

Principal Offender

Main perpetrator of a criminal act.

Spontaneous Concert

Unplanned collaboration in committing an offence.

Dissociation

Withdrawal from involvement in a common purpose.

Foreseeability

Expectation of outcomes from actions taken.

Contribution

Involvement in achieving a common criminal goal.

Miller v HM Adv

Clarified proof of common purpose required.

Fee v HM Adv

Mother liable for child's death despite lack of direct action.

Gay v HM Adv

Conviction based on spontaneous concert despite instruction removal.

HM Adv v Johnstone and Stewart

Insufficient evidence to prove collaboration in abortion.

Kabalu v HM Adv

Liability limited to actions witnessed during the crime.

O'Connell v HM Adv

All members liable if actions were foreseeable.

McKinnon v HM Adv

Conviction based on foreseeability of violent outcomes.

Vaughan v HM Adv

Conviction for incest despite category limitations.

Reid v HM Adv

Women convicted for living off prostitution earnings.

Capuano v HM Adv

All participants charged for joint assault.

Young v HM Adv

Established principles of art and part liability.

McLaughlan v HM Adv

Contributions after the crime do not incur liability.

Carrick v HM Adv

Liability for actions exceeding common purpose scope.

HM Adv v Kerr

Active contribution required for art and part liability.

Evidence Requirement

Necessity to prove involvement in a crime.

Familial Ties

Special consideration in cases involving family members.

Common Purpose Scope

Extent of agreement among co-offenders.