3. Parties

Question 1

Liability: Parties

Answer 1

S66(1) CA61
Party to guilty of an offence who
(a) Actually commits the offence
(b) Does/omit an act for the purpose of AIDING any person to commit the offence
(c) ABETS any person in the commission of the offence
(d) Incites counsels or procure any person to commit the offence

S66(2)
• 2 or more people form an intention to
• prosecute any unlawfully purpose AND
• to assist each other therein,
• each of them are a party to every offence committed by any one of them

Question 2

Case law around: Special Relationship

Answer 2

R v Russell
Court held the accused was morally bound to take active steps to save his children, but by his deliberate abstention from so doing, and by giving the encouragement and authority of this presence and approval to his wife’s act he became an aider and abettor and thus a secondary offender

Question 3

Aid means

Answer 3

Assist n the commission of the offence, either physically or by giving advice and information

Question 4

Abets

Answer 4

instigate or encourage; that is, to urge another person to commit the offence

Question 5

Special relationship

Answer 5

R v Russell

Question 6

Incites

Answer 6

Rouse to stir up

Question 7

Counsel

Answer 7

Intentionally instigate the offence by advising a person

Question 8

Procure

Answer 8

• Procurement is setting out to see something happens
• AND taking the appropriate steps to ensure that it does

Question 9

Elements to Party to a second offence

Answer 9

S66(2)
• Situation where people involved are a party to the intended offence AND
• a party to any secondary offence committed in pursuance of the intended offence.

Question 10

Innocent agent

Answer 10

Someone who is unaware of the significant of their action

Question 11

Establishing involvement of parties

Answer 11

• reconstruction of the offence committed. This would indicate that more than one person was involved or that the principal offender had received advice or assistances
• Principal offender acknowledging or admitting that others were involved in the offence
• A suspect or witness admitting to providing aid or assistances when interviewed
• A witness providing you with evidence of another’s persons involvement based on their observation
• Receiving information indicating that others were involved in the offence