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You are here: Homepage » Criminal Law » A Level » Participation

A Level Law (Criminal) Assignment 4 - Participation

Task

You will be set one of the following questions:

1. 'We approach s.8 of the 1861 [Accessories and Abettors] Act on the basis that words should be given their ordinary meaning, if possible. We approach the section on the basis also that, if four words are employed here, 'aid, abet, counsel or procure', the probability is that there is a difference between each of those four words and the other three, because, if there was no such differences, then Parliament would be wasting its time in using four words where two or three would do.'

[per Lord Widgery CJ in the Attorney-General's Reference (No. 1 of 1975)]

Critically consider how the courts have interpreted the words 'aid, abet, counsel or procure'.

(June 1999)

or

2. Del and Rodney agree to steal jewellery from Lady Windermere's country house. Del buys a gun from Max, who knows of Del's reputation as a violent criminal. When Rodney finds out that Del is going to be carrying a gun he decides to withdraw from their plan. When he tells Del this, there is some discussion and Rodney reluctantly agrees to go ahead on the condition that Del does not load the gun but uses it only to frighten anyone they might encounter.

On the night in question Rodney sees that Del has a revolver apparently loaded with bullets. 'They are only blanks!' Del assures him. Rodney is not sure whether to believe him or not. They break in to the house and carry out their plan but, as they are leaving, they are suddenly confronted by Soames, Lady Windermere's valet. Del pulls out the gun and deliberately shoots Soames dead.

Discuss the criminal liability, if any, of Del, Rodney and Max for the death of Soames.

(June 1998)

or

3. Critically examine the mens rea required for conviction as an accomplice.

(June 1997)

or

4. Critically assess the mens rea required for conviction as an accomplice.

(June 1996)

or

5. Using cases to illustrate your answer, critically consider whether the words "aid, abet, counsel and procure" each have a separate meaning.

(June 1994)

or

6. Alf tells Del that his neighbours, Ernie and Freda, will be away on holiday over Easter and that they have valuable diamonds in the house. Del suggests that Alf joins him in burgling the house. Alf agrees. Del asks Brian to supply a large screwdriver for "a job". Brian agrees understanding Del to mean burglary by "a job". A week before the planned burglary, Alf tells Del that he does not wish to take part and pleads with Del not to do the burglary. Instead Del asks Colin to help him. Colin has a history of violent crime and always carries a knife. Although Del knows this, he considers that there will be little chance of violence being necessary because the house will be empty.

Colin and Del use the screwdriver to break into the house. Ernie is asleep in bed having decided not to go away for Easter. He is awakened by the noise and when investigating, Colin stabs him with the knife and kills him.

Assuming that Colin and Del committed burglary, and Colin murdered Ernie, consider the liability of Alf, Brian and Del as secondary parties.

(June 1993)

or

7. Critically evaluate the mens rea required for conviction as an accomplice.

(June 1992)

 

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