Seminar 12 - Criminal - Secondary Participation - SW202 by Claire Turner

claire43 — 2025-01-16 15:05:08 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 20:09:20 UTC

Step 1 - Principal offence

claire43 — 2026-01-13 16:39:51 UTC

Murder - intention to kill or cause gbh (Moloney)

Step 2 - AR

claire43 — 2026-01-13 16:44:09 UTC

Aid? Gave him knife.

Abet? 'we can cut you up

Counsel? This should give him a scare. Defence will argue - not telling him to kill him, just to scare him. Shocked and horrified - supports this argument.

P - use words and he was there at the scene.

Procurement - given him the knife so a causal link

Step 3 - inward MR

claire43 — 2026-01-13 16:45:59 UTC

Intention to assist. Shouted multiple times. Intentionally given him the knife.

Defence - plan was only to scare as evidenced by the words and his reaction.

Outward MR

claire43 — 2026-01-13 16:49:34 UTC

If he didn't intend for John to commit the murder, why did he use the words (we can cut you up' Contrary to Jogee - this wasn't reckless but virtually certain to lead to John 'cutting up' Ralphie.

Defence - agree to teach him a lesson - 'should give him a scare' - Richard never intended for John to stab Ralphie

Horrified and scared.