3. Parties Flashcards
Define Party to an Offence
any person involved in preparing for, attempting, or actually committing an offence.
This includes a person who incites or counsels another to commit the offence.
To be considered a party to the offence, participation must have occurred before or during
Section 66(1) Crimes Act Parties to offences (Primary)
(1) Every one is a party to and guilty of an offence who-
(a) Actually commits the offence; or
(b) Does or omits an act for the purpose of aiding any person to commit the offence; or
(c) Abets any person in the commission of the offence; or
(d) Incites, counsels, or procures any person to commit the offence.
Section 70
Offence committed other than offence intended
Every one who incites, counsels, or procures another to be a party to an offence
(1) of which that other is afterwards guilty is a party to that offence.
(2) is a party to every offence which that other commits in consequence of ICP.
What must you prove for a S66 offence
- The identity of the defendant, and
- an offence has been successfully committed; and
- the elements of the offence (s66(1)) have been satisfied.
Intention to help or encourage must exist
Outlines R v Pene
Pene: A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged.
Principle Party vs Secondary Party
Principle: A person will be a principal offender, and liable under s66(1)(a). Refers to situations where there has been actual participation.
Secondary: Secondary parties are those people whose assistance, abetment, incitement, counselling or procurement is sufficient under s66(1)(b),(c) or (d)
R v Renata- Multiple Offender
Where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal or a party in one of the ways contemplated by s66(1).
Define Aids
Proof of assistance? Larkins v Police
Means to assist in the commission of the offence, either physically or by giving advice and information.
Larkins
While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
Define Abets
Instigate or encourage; Urge another person to commit the offence.
Legal duty Ashton v Police
Secondary party owing a legal duty to a third person or to the general public is a person teaching another person to drive.
That person is under a legal duty to take reasonable precautions, because under the Crimes Act he is deemed to be in charge of a dangerous thing.
Eg- Army Sgt party to assault.
Special relationship R v Russell
DAEAPAA
Accused was morally bound to take active steps to save his children, but
- by his deliberate abstention,
- by giving the encouragement,
- authority of his presence and
- approval to his wife’s act
he became an aider and abettor and thus a secondary offender.
Define
Incites’, ‘counsels’ or ‘procures’
USA SO AS
Incite: urge or spur on a person to commit the offence.
Counsels: advising a person(s) on how best to commit an offence, sufficient they know offence was intended.
Procures: Setting out to see that something happens and taking the appropriate steps to ensure that it does.
Section 66(2) Crimes Act Parties to secondary offences
Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein.
Each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence.
R v Betts and Ridley-
Offences committed but not expected
An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.
Joint enterprise – murder or manslaughter
A person charged as a party to murder will be guilty of Murder if? HE FR
Manslaughter if?
Murder:
• intentionally helped or encouraged it, or
• foresaw murder by a confederate, as a real risk in the situation that arose.
Manslaughter:
• knew real risk of killing short of murder, or
• foresaw murder, but killing occurred in circumstances different from those contemplated, or
• expected to know ever-present real risk of killing.
