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WalesLegal StudiesQuick questions
Criminal Law
Quick questions on Attempts and secondary participation in crime - WJEC A-Level Law
5short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is secondary participation?Show answer
A secondary party (accessory) is one who aids, abets, counsels or procures the commission of an offence by the principal (Accessories and Abettors Act 1861 for indictable offences), and is tried and punished as a principal. The four conduct elements are: aiding (helping at the scene), abetting (encouraging at the scene), counselling (advising or encouraging beforehand), and procuring (bringing about the offence, Attorney General's Reference No 1 of 1975, where lacing a driver's drink procured the drink-driving). The mens rea is an intention to assist or encourage and knowledge of the essential matters of the principal offence (R v Bainbridge; NCB v Gamble). The Supreme Court in R v Jogee abolished "parasitic accessory liability" and restored intention, rather than mere foresight, as the proper test.
What is wrong mens rea for attempted murder?Show answer
Attempted murder needs intention to kill only; intention to cause GBH will not do (Whybrow), even though it suffices for completed murder.
What is q1?Show answer
State the actus reus and mens rea of a criminal attempt. [2 marks]
What is q2?Show answer
Name the four ways of being a secondary party. [4 marks]
What is q3?Show answer
Explain the law on attempts and on secondary participation in crime. [12 marks]
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