Counselling

Examples might include the supply of suitable routes to properties to be burgled or the best times to carry out such crimes.

Under Sec 8 of the Accessories and Abettors Act 1861  'Whosoever shall aid, abet, counsel, or procure the commission of [any indictable offence], whether the same be [an offence] at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender.'  

In Attorney General’s Reference (No.1 0f 1975) the Court of Appeal held that each of the four words, aid, abet, counsel and procure, had a separate meaning.


Counselling means to advise or encourage and is similar to abetting but it takes place before the crime is committed.  Examples might include the supply of suitable routes to properties to be burgled or the best times to carry out such crimes.  In Calhaem (1985) the female defendant wanted to have another woman killed, she hired a hit man to kill the woman, he decided not to carry out the murder claiming that he only intended to fake the murder attempt and then claim it had been unsuccessful. When he went to the woman's house he said that she screamed which caused him to panic and kill her. The judge held that the female defendant had persuaded the 'hit man' to commit the crime and she was guilty of counselling him and was therefore a secondary offender.


Secondary liability gives the prosecution the opportunity to proceed against the principal offender who committed the crime and against others who were involved in the commission of the offence. Secondary liability is a common law doctrine.

 

 

Liability of Secondary Parties

 

 

Encourage

Help

Before the crime

Counsel

Procure

At the time of the crime

Abet

Aid

 

Aiding;

Abetting;
Procuring;

Secondary Party;

Joint Enterprise;

Joint Principals;

Actus Reus For Secondary Participation;

Mens Rea For Secondary Participation;

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