5. Parties to crime

Principals

Principal in the first degree: The person who does the act, including through an innocent agent such as a child or a person deceived.

Principal in the second degree: A person present who aids or abets. Mere presence is not enough; there must be encouragement or assistance with knowledge of the crime. Turay v R held that presence with consent and a common purpose can amount to encouragement (applying R v Coney and Wilcox v Jeffery).

Shouted encouragement: In Walker v R, people who urged the killer to stab the victim again were guilty of murder as principals in the second degree.

Soliciting while present: In John and Four Others v The State, one who solicited the robbery and was present was a principal.

Accessories

Accessory before the fact: One who counsels, procures or commands the crime but is absent when it is done. Kargbo v R (CA) stressed that the prosecution must prove absence and counselling or procuring; it is wrong to tell a jury that accused persons must "account for" a victim.

Accessory after the fact: One who, knowing a felony has been committed, helps the felon to avoid arrest or punishment.

Common purpose

Joint enterprise: Where two or more set out on a common unlawful purpose, each is liable for acts done in carrying it out, but not for acts outside its scope.