Art & Part Liability

Front 1

HMA v Kerr

Back 1

- Observing a rape is not a crime
- In th eabsence of a special relationship there is no criminally enforceable duty to intervene

Front 2

Bonar & Hogg v McLeod

Back 2

- Duty to act where there was a special relationship

- Police have a responsibility
- Participation in the aftermath changes the nature of failing to intervene

Front 3

Types of common purpose

Back 3

- Antecedent concert

- Spontaneous concert

Front 4

Lawler v Neizer

Back 4

- Banknotes

- Being present and benifitting is not in and of itself a crime

Front 5

Hopkinson

Back 5

Distinguished Liability

Front 6

Coleman v HM Advocate

Back 6

- Common purpose need not be agreed prior

Front 7

McKinnon v HM Advocate

Back 7

- Accused not liable for anything beyond the common purpose

- Each person responsible for offences caused

Front 8

MacNeil v HM Advocate

Back 8

- If perpetration has begun it is too late to back out

Front 9

HM Advocate v Igoe

Back 9

Assisting in the aftermath is only participation if it has been agreed in advance

Front 10

Morton v HM Advocate
Docherty v HM Advocate
Welsh v HM Advocate

Back 10

If concert cannot be established then the individual parties can only be convicted for what they can be proved to have done individually.

Front 11

R v Leak and Cogan

Back 11

Leak forced his wife to have sex with Cogan

Leak found guilty of aiding and abetting rape, Cogan aquitted