3. Parties - Progress test 3 Flashcards
In what situations does a person become liable as a party to an offence under s66(1) of the
Crimes Act 1961?
Must Know
A person is liable as a party to an offence under s66(1) where they:
* Actually commit the offence.
* Do or omit an act for the purpose of aiding any person to commit an offence.
* Abet any person in committing an offence.
* Incite, counsel or procure any person to commit an offence.
What is the distinction between ‘aiding and abetting’ and ‘inciting, counselling and procuring’?
Must Know
In general terms, ‘aiding and abetting’ requires the aider or abettor to assist in the
commission of the offence, either physically or by giving advice and information. In order to
aid, the presence of the person offering the aid is not required at the scene, before, or at the
time of the offence being committed, whereas ‘inciting, counselling and procuring’ describe the actions taken before the offence is carried out.
How might the involvement of parties be established?
Must Know
The involvement of parties may be established by:
* A reconstruction of the offence committed, this indicating that more than one person was
involved, or that the principal offender was in receipt of advice or assistance.
* The principal offender acknowledging or admitting that others were involved in the
offence.
* A suspect or witness admitting to providing aid or assistance when interviewed.
* A witness providing you with evidence of another person’s involvement based on their
observations.
* Receiving information indicating that others were involved in the offence.
What was held in the case of R v Russell?
Must Know
The defendant was charged with the murder of his wife and two sons. Following an argument
between he and his wife, the wife, in the presence of the defendant, allegedly jumped into a
swimming pool with both children, drowning them all. The defendant failed to render
assistance to his wife or their children. The court held that the defendant 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 his presence and approval to his wife’s act he
became an aider and abettor and thus a secondary offender: R v Russell (1933) VR 59
