1.7 parties to a crime

Question 1

List the 4 parties to a crime

Answer 1

Principle in the first degree
Principle in the second degree
Accessory before the fact
Accessory after the fact

Question 2

Define principal in the first degree

Answer 2

Someone who actually commits the crime

Question 3

Define principal in the second degree

Answer 3

Someone present or who assisted in some other way during the crime who helped the principal offender carry out their crime

Question 4

Define accessory before the fact

Answer 4

Someone who helps plan or prepare before the principal commits the crime

Question 5

Define accessory after the fact

Answer 5

Someone who helps the principal after they commit the crime

Question 6

Outline principal in the first degree

Answer 6

The main offender
Someone who actually commits the crime
E.g. the person who commits the crime of murder

Question 7

Outline principal in the second degree

Answer 7

Someone present or who assisted in some other way during the crime who helped the principal offender carry out their crime
They don’t have to always be physically present during the crime -> if their assistance was significant enough then it won’t matter
These are derivative charges -> means the principal in the first has to be charged FIRST for the principal in the second to be

Question 8

Give examples of principal in the second degree (3 answers)

Answer 8

Include:
Restraining someone whilst someone else assaults them
Keeping lookout during robbery
Being the getaway driver

Question 9

Outline accessory before the fact

Answer 9

Someone who helps plan or prepare before the principal commits the crime
Also derivative charge

Question 10

Give examples of accessory before the fact (2 answers)

Answer 10

Supplier of a gun
Someone who helps plan a murder e.g. there were suspicions that Milat had a partner who helped him carry out his kidnappings which led to murder

Question 11

Outline accessory after the fact

Answer 11

Also a derivative charge
Someone who helps the principal after they commit the crime

Question 12

Give examples of accessory after the fact (2 answers)

Answer 12

Driving a getaway car
Getting rid of evidence
-> Under section 349 of Crimes Act 1900 (NSW) max sentence is life sentence for accessory after the fact

Question 13

Under section 349 of Crimes Act 1900 (NSW) what is the max sentence for for accessory after the fact

Answer 13

Max sentence is life sentence for accessory after the fact