Table of contents

Updates and background for this project (Digest)

Terms of reference
Participants

2. Present Law

3. Classification of Complicity

Joint criminal enterprise
Elements of joint criminal enterprise
Extended common purpose
Elements of extended common purpose
Accessorial liability
Elements of accessorial liability
Participation in criminal group activity

Incitement
Attempt
Conspiracy

Present test for extended common purpose
Criticisms of present test
Present test is too wide
Present test needs to align better with notions of moral culpability
Present test unjustly holds a secondary participant liable for the same murder on a “lesser form of mens rea” than the primary participant who commits the murder
Present test creates a “serious disparity” between the subjective element required in “aiding, abetting, counselling or procuring” a murder and that required for “extended common purpose” liability in murder
Present test expands the potential for a secondary participant to be found guilty of murder and lessens the ability of a jury finding the alternative verdict of guilty of manslaughter
Undue complexity in the conduct of trials associated with failing to correctly identify the “foundational crime” in extended common purpose trials
Present test places trial judges in difficulty explaining the law to juries and results in a great number of appeals

Law in the code jurisdictions
English law reform proposals
Reform options
Desirability of uniformity