Secondary Participation - Criminal - Seminar 12 -FT210 by Claire Turner

claire43 — 2026-01-12 20:09:09 UTC

John and Richard have a dispute with one of their school peers: Ralphie. The dispute has spread to social media, with each posting provocative stories on Instagram and videos on TikTok. Yesterday, Ralphie made a particularly hurtful remark about John’s mother in a TikTok video, which was viewed by many people in their school year (including John and Richard). John and Richard agree to ‘teach him a lesson’ and meet at the park. Richard steals a knife from his parents’ kitchen drawer and gives this to John, saying ‘this should give him a scare!’ They then find Ralphie, on his own. John taunts and threatens Ralphie with the knife, saying ‘you aren’t so brave now huh?’. Richard shouts ‘yeh, we can cut you up!’ John then stabs Ralphie multiple times, killing him. As Ralphie collapses to the ground, Richard is horrified and scared. He runs away, leaving John with the knife and covered in blood. John is arrested at the scene and charged with murder. Richard is arrested later and charged with murder, as an accessory.

Discuss Richard’s criminal liability for murder, as an accessory

Link to Prezi

claire43 — 2026-01-12 20:09:29 UTC

claire43 — 2026-01-14 11:44:49 UTC

Step 1 - definition murder -intention to kill or cause gbh (Moloney)

Step 2 - AR secondary participant murder

Aid - taken the knife and handed to John

Abetting - shouted 'yeh, we can cut you up'

Counsel - formed a plan - 'teach him a lesson' before the crime was committed.

Procure - Knife caused the murder.

Step 3 - inward MR

Intention to assist in the commission of crime

Step 4 - outward MR

Prosecution - Jogee - intention for John to commit murder either directly (Mohan) or obliquely (death or serious injury of Ralphie a virtual certainty which appreciated)

-took knife from drawer

Joking about using knife
We can cut you up
Present at scene.

Defence - Intention was to scare not to cause gbh/death.

He was 'horrified and scared and ran away
'this should give him a scare'
John said 'aren't so brave...' in line with what agreed.

Standard proof - that R knew as a virtual certainty that death or serious injury of Ralphie would result.

Withdrawn ? entered park its only when crime committed that he withdraws -too late (Becerra).