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Flashcards in Art and Part Liability Deck (8)
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1

what is the definition of art and part liability explained in Jones v Taggart?

"When two or more people engage together in committing a crime, each actor is equally guilty of the whole crime irrespective of the particular role played by each individual"

2

what is the criminal liability in art and part?

if parties had common plan each would be responsible for all acts, if not only liable for own actions

3

what is classed as 'participation'

watching
omissions
assistance prior to crime

4

give an example of a case where accused was guilty of watching

HMA v Kerr, verdict to proven

5

give an example of a case where accused was guilty of omissions

Bonar and Hogg v Mcleod 1938

6

give an example of a crime where accused was on trial for assitance prior to crime

HMA v Johnstone and Stewart

7

what was the case of HMA v Lappen 1956?

was a case were several persons were charged with the crime of assault and robbery whilst acting along with another

8

what is the position of the law with regards to unforeseeable actions?

accused cannot be held liabl as demonstrated in McKInnon v HMA 2003