Accessorial Liability in the Criminal Law: A Common Law Perspective

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When crimes are being organized, there are often more than one person involved in the planning, setting up and execution of the offence. The person who performs the actus reus of the offence is the principal\nperpetrator of the crime. Such person often has accomplices who assist or encourage him or her in the commission of the offence, who are\nknown as secondary parties or accessories to the crime. In criminal law, the doctrine of criminal complicity consists in the body of principles governing the joint implication of each of two or more persons in a criminal offence. The chief focus of this paper is on the discussion of the main aspects of the law relating to criminal complicity in New Zealand. The analysis of the substantive law relating to accomplices includes consideration of the subjective and objective requirements for accessorial liability as expressed in the relevant legislation and judicial decisions, as well as the substantive and procedural reasons for distinguishing the traditional categories of criminal participation. The references to leading authorities from England and other common law jurisdictions add a\nuseful comparative perspective to the discussion of the issues.

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  • 法政理論

    法政理論 49 (3-4), 56-88, 2017-04

    新潟大学法学会

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