ABSTRACT

Francis Reynolds’s published work provides invaluable insights into the rationale of the concept of agency as used in the law of contract, partnership and property and in the law of torts. In the criminal law, although liability arising from agency exists, its existence is often not recognised and it appears to be the conventional view to deny that it exists. This chapter describes something about the basic structure of criminal law and the principle of accessory liability. Responsibility in the criminal law differs from responsibility in the civil law in that in the criminal law responsibility must be based upon both a criminal act and a state of mind of the person to be held criminally responsible. The person who committed the crime was the person who actually performed the relevant criminal act. Inchoate offences are recognised in the criminal law.