Legal Studies - 2011 Paper has wrong answer???? (1 Viewer)

[joey12]

2011 legal studies paper Multiple choice question 5. Marking guidelines say the answer is A when it is definitely D.

If Shane was waiting for them to assist them after the crime then he is principal to the second degree correct? If he never knew about the crime until after it happened, then chose to assist them, then he is principal after the fact.

What you guys think?

 

[seventhroot]

nah you're wrong the answer is A

Shane was not involved in the actual committing of the crime and he helped after hence A

 

[Pikachuisgod]

D would be the role of alex

 

[seventhroot]

D would be the role of alex

yep and Dale would be (C)

 

[joey12]

nah you're wrong the answer is A

Shane was not involved in the actual committing of the crime and he helped after hence A

Because he was waiting to help them with the crime he can easy be charged in the second degree. If they came to him with the crime already done, then yes after the fact. But he was waiting for them to get back, just as Alex was waiting for him in the car. (Except alex can also be charged with first degree because he helped plan it).

 

[seventhroot]

Because he was waiting to help them with the crime he can easy be charged in the second degree. If they came to him with the crime already done, then yes after the fact. But he was waiting for them to get back, just as Alex was waiting for him in the car. (Except alex can also be charged with first degree because he helped plan it).

he is waiting after the crime has been committed

 

[joey12]

he is waiting after the crime has been committed

ok, if alex didnt help plan it but was the get away driver, is he accessory after the fact? (just trying to understand this because i was taught differently).

 

[seventhroot]

ok, if alex didnt help plan it but was the get away driver, is he accessory after the fact? (just trying to understand this because i was taught differently).

you're over complicating it

yes

 

[khalsa123]

Principal in the First Degree is the one that actually directly committed the crime (eg holding weapon and threatening cashier in armed robbery)
Principal in the Second degree is present at the crime but does not directly carry out the crime (e.g. guards the door)
Accessory before the fact is someone that helped plan the crime but was not actually present (e.g. gathered info of location of safe)
Accessory after the fact is someone that helps after the crime (e.g drive getaway car or assist at home after they take money home)