Omar Bennett
Being an accomplice to a crime means aiding or encouraging someone else to commit a crime. Accomplices are generally held equally liable as the person who committed the crime, although they do not carry out the crime themselves. There are varying degrees of culpability for accomplices, such as being a “principal” or accessory to the crime, which refer to the level of involvement and when the person became involved. To convict someone of being an accomplice, the prosecutor must prove that the defendant had criminal intent and voluntarily encouraged or assisted the offense. Accomplice liability can be negated if the accomplice withdraws their support before the crime is committed, depending on the nature of the aid provided.
| Characteristics | Values |
|---|---|
| Definition | A person who becomes equally guilty of another person's crime by aiding them to commit the offense. |
| Types | Principal in the first degree, Principal in the second degree, Accessory before the fact, Accessory after the fact, Conspirator |
| Nature of assistance | Providing weapons, money, or other objects, Being a lookout, Hiding the person or evidence, Planning the crime, Providing encouragement or counsel |
| Liability | Accomplice liability allows a court to find a person criminally liable for acts committed by a different person. The accomplice can be charged with the same crime as the primary perpetrator, but not a more serious one. |
| Defense | An accomplice can withdraw their support before the crime is committed, depending on the nature of the aid provided earlier. |
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What You'll Learn
Encouraging or aiding someone else in committing a crime
An accomplice is someone who encourages or aids someone else in committing a crime. This is different from solicitation, which occurs when someone encourages another to commit a crime, but that person declines. Accomplices can be categorised as either an accessory or an abettor. An accessory aids a criminal before the crime is committed, while an abettor aids the offender during the crime. An abettor may be present at the scene of the crime or be ''present constructively', meaning they are not physically present but are still involved. An example of this is acting as a lookout.
To be convicted of being an accomplice, the prosecutor must prove that the defendant had criminal intent and voluntarily encouraged or assisted the offense. This is known as having 'actus reus' and 'mens rea'. The defendant must have aided, counselled, commanded, or encouraged the other person in the commission of the crime, and they must have acted with the requisite mental state in their jurisdiction, meaning they knowingly or intentionally aided the other person.
An individual can stop being an accomplice during the commission of a crime by giving a timely warning to law enforcement or making a good-faith effort to prevent the crime. Accomplice liability can also be negated if the accomplice withdraws their support before the crime is committed, although this depends on the nature of the aid provided and the actions taken to withdraw assistance. For example, if the accomplice only provided words of encouragement, they may not be held liable if they later discourage the crime. However, if the accomplice provided active, physical assistance, they will need to attempt to neutralise the commission of the crime.
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Criminal intent and voluntarily encouraging or assisting the offence
In English criminal law, encouraging or assisting a crime is a crime in itself, as per the Serious Crime Act 2007. This is an example of an inchoate offence, where a substantial offence has not been committed, but the defendant has taken steps to commit it or encouraged others to do so. The actus reus requirement is that the defendant carries out an act capable of "encouraging or assisting" the commission of another offence.
To charge someone as an accomplice, the prosecutor must prove that the individual had actus reus and mens rea, i.e., criminal intent and voluntarily encouraged or assisted the offence. The bar for proving an accomplice charge is low, and an accomplice can face the same criminal liability as the individual who committed the crime. An accomplice is not necessarily a conspirator, as a conspiracy involves planning a crime, but an accomplice assists in the actual commission of the crime. However, conspirators can be guilty even if the underlying crime is not committed.
An example of a language crime is the Derek Bentley case of the 1950s, where a 19-year-old was convicted and executed for murder based on his alleged utterance of "let him have it" to his gun-wielding accomplice. In another case, Hankinson was found guilty of intentionally encouraging illegal hunting, with the judge stating that "it was clearly advice and encouragement to commit the offence of hunting a wild mammal with a dog".
It is important to note that "encouraging" is not defined in the statute, but it can be considered similar to the crime of incitement. The encouragement or assistance does not need to be aimed at a specific person, as addressing it to the world at large still constitutes incitement. "Assisting" is likely to be considered similar to "aiding" in accessorial liability.
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Conspirators and accomplices
An accomplice is a person who assists in the commission of a crime, without actually committing the crime themselves. Accomplices are considered equally guilty as the person who carried out the crime. Accomplice liability allows a court to find a person criminally liable for acts committed by another person, even if that person has not been prosecuted or convicted.
To convict someone of being an accomplice, the prosecutor must prove that the defendant had criminal intent and voluntarily encouraged or assisted the offense. This is known as having "actus reus" and "mens rea". The defendant must have "aided, counselled, commanded, or encouraged" the other person in the commission of the crime, and they must have acted with the requisite mental state in their jurisdiction. For example, if Alan robs a bank, and Bob stands guard at the door while Chuck waits outside in the getaway car, both Bob and Chuck may be held responsible for the robbery as accomplices, even though Alan was the one who actually committed the crime.
An accomplice is different from a conspirator. A conspirator agrees with others to commit a future crime, but a conspiracy does not require the actual commission of a crime. For example, a group of friends planning to commit a robbery could be charged with conspiracy, even if the robbery never happens. If they do carry out the robbery, they would face both conspiracy and robbery charges, and may be charged as principals or accomplices depending on their role.
There are different types of accomplices, including principals and accessories. A principal is someone who is centrally involved in the crime, while an accessory is part of the crime but not one of the main people responsible. Principals can be further divided into first-degree and second-degree principals. A first-degree principal is the person who actually commits the crime, while a second-degree principal is someone who is at the scene of the crime and knowingly or intentionally helps the first-degree principal commit the crime. For example, if Jon and Robb plan to shoot Jamie, and Jon is the one who pulls the trigger, Jon is the first-degree principal and Robb is the second-degree principal. Accessories can be further categorized as accessories before the fact or accessories after the fact, depending on whether they aided the criminal before or after the crime was committed.
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Levels of involvement in the crime
The term accomplice generally refers to someone who encourages or aids someone else in committing a crime. However, there are varying degrees of culpability and different roles that an accomplice can play. Here are the levels of involvement in a crime:
- Principal in the First Degree: The person who actually commits the crime is referred to as the "principal in the first degree". They are the ones who carry out the criminal act. For example, in a murder case, the person who pulls the trigger is the principal in the first degree. Some crimes can have multiple principals in the first degree if more than one person actively participates in the criminal act.
- Principal in the Second Degree: A "principal in the second degree", also known as an "abettor", is someone who is present at the scene of the crime and knowingly or intentionally helps the principal in the first degree commit the crime. They may provide assistance by acting as a lookout, providing weapons or other objects used in the commission of the crime, or helping to hide the perpetrator or evidence. They do not personally perform any illegal actions but aid and abet the principal in the first degree.
- Accessory Before the Fact: An "accessory before the fact", or simply an "accessory", is someone who assists the perpetrator before the crime is committed but is not present during the actual commission of the offense. They may be involved in planning the crime, providing resources, or encouraging the perpetrator. Accessories must perform an act of assistance, and there must be evidence of their intention to facilitate the crime.
- Accessory After the Fact: An "accessory after the fact" is someone who assists the perpetrator after the crime has been committed. For example, they may provide a hiding place for the perpetrator when they are aware that the person has committed a crime and is being sought by law enforcement.
- Conspirator: A conspirator is someone who agrees with others to commit a future crime but may not necessarily be involved in the actual commission of the crime. Conspirators can be found guilty even if the planned crime does not take place. If the conspiracy leads to the commission of a crime, they may be charged with both conspiracy and the underlying crime.
It is important to note that the legal definitions and distinctions between these roles may vary by jurisdiction, and the prosecution must prove criminal intent and voluntary encouragement or assistance to convict someone as an accomplice.
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Defending yourself against accomplice charges
An accomplice is defined as someone who knowingly, voluntarily, or intentionally gives assistance to another person in the commission of a crime. Accomplices can also be those who fail to prevent a crime from occurring, despite having a legal duty to do so. Accomplice crimes are separate offences with their own culpability and criminal liability. An accomplice can face the same criminal liability as the individual who committed the crime, but they cannot be charged with a more serious crime than the primary perpetrator.
To convict someone of being an accomplice, the prosecutor must prove the following three elements:
- The defendant aided, counselled, commanded, or encouraged the other person in the commission of the crime.
- The defendant acted with the requisite mental state in their jurisdiction.
- The defendant had criminal intent and voluntarily encouraged or assisted the offence.
If you have been charged as an accomplice, you will need an experienced criminal defence lawyer to represent you. Here are some potential defence strategies:
- Prove that you did not commit the act. The burden of proof is on the prosecutor to establish each element of the crime.
- If you did commit the act, provide mitigating reasons or circumstances that excuse your actions. For example, you could argue that you were acting in self-defence.
- Argue that you should not be considered an accomplice because you did not have the requisite criminal intent or mental state.
- Demonstrate that you took steps to stop your complicity during the commission of the crime, such as by giving a timely warning to law enforcement or making a good-faith effort to prevent the crime.
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Frequently asked questions
An accomplice to a crime is someone who knowingly and voluntarily aids or encourages another person to commit a crime. An accomplice can be held equally liable for the crime, even if they did not actively participate in it.
There are different types of accomplices, including:
- Principal in the first degree: The person who actually commits the crime.
- Principal in the second degree: Someone who is at the scene of the crime and knowingly or intentionally helps the principal in the first degree.
- Accessory before the fact: Someone who assists the offender before the crime but is not present during its commission.
- Accessory after the fact: Someone who assists the offender after the crime has been committed.
Accomplice liability can be negated if the accomplice withdraws their support before the crime is committed. This depends on the nature of the aid provided and the actions taken to withdraw assistance. For example, if the accomplice only provided encouragement, they may not be held liable if they later discourage the crime. However, if the accomplice provided active, physical assistance, they must attempt to prevent the commission of the crime.
