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An accessory is a person who assists, but does not actually participate, in the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree: The principal is the one whose acts or omissions , accompanied by the relevant mens rea ( Latin for "guilty mind"), are the most immediate cause of the ...
Aiding and abetting. Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide). It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even ...
Barnes v Addy was the starting point for the academic debate as to the proper grounds of accessory liability and claims for knowing receipt of trust property. Lord Nicholls revised the test for assistance liability in Royal Brunei Airlines v Tan (1995), whereby it is no longer necessary for the trustee to have acted dishonestly and instead the ...
Dishonest assistance, or knowing assistance, is a type of third party liability under English trust law. It is usually seen as one of two liabilities established in Barnes v Addy,[1] the other one being knowing receipt. To be liable for dishonest assistance, there must be a breach of trust or fiduciary duty by someone other than the defendant ...
Complicity in criminal law refers to the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators of that crime, and who shared with them an intent to act to complete the crime. [1]: 725–804 A person is an accomplice of another person in the commission of a crime if ...
Common purpose. The doctrine of common purpose, common design, joint enterprise, joint criminal enterprise or parasitic accessory liability[1] is a common law legal doctrine that imputes criminal liability to the participants in a criminal enterprise for all reasonable results from that enterprise. The common purpose doctrine was established in ...
Whatever may be the position in some criminal or other contexts (see, for instance, R v Ghosh [1982] QB 1053), in the context of the accessory liability principle acting dishonestly, or with a lack of probity, which is synonymous, means simply not acting as an honest person would in the circumstances. This is an objective standard.
Inducing a breach of contract was a tort of accessory liability, and an intention to cause a breach of contract was a necessary and sufficient requirement for liability; a person had to know that he was inducing a breach of contract and to intend to do so; that a conscious decision not to inquire into the existence of a fact could be treated as ...
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