3. Parties - Summary Flashcards
what does S66(1) deal with?
Point 1
Must Know
Section 66(1)(a) to (d) of the Crimes Act 1961 deals with situations where the people involved are a party to the intended offence
What does S66(2) deal with?
Point 2
Must Know
Section 66(2) of the Crimes Act 1961 deals with situations where the people involved are a party to the intended offence and a party to any secondary offence committed in pursuance of the intended offence.
Who is included as a party?
Point 3
Must Know
Parties include those who actively participate in the offence committed as well as those who assist before or during the commission of the offence.
Distinction between aiding & abetting and inciting, counselling & procuring?
Point 4
Must Know
In general terms:
− aiding and abetting means 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.
− inciting, counselling and procuring describe actions that occurred before the offence was carried out.
How wide is the scope for a person to be considered a secondary party?
Point 6
Must Know
A secondary party need not know the precise detail involved in planning or committing the offence, in order to be considered a party.
When is a person considered a party?
Point 5
Must Know
To be considered a party to an offence, a person must have acted before or at the time the offence was committed.
Does the offence have to be committed in the way planned for liability to arise?
Point 7
Must Know
The intended offence need not be committed in precisely the way planned by all parties for those involved to be held liable.
Does presence at the scene create liability?
Point 8
Must Know
Mere presence at the scene of an offence does not create a liability on the part of a bystander unless there is a special relationship or legal duty owed.
What happens to an innocent agent?
Point 9
Must Know
An innocent agent carries no liability and is not capable of conviction as a secondary party.
Can a secondary party be convicted alone?
Point 10
Must Know
A secondary party can be tried and convicted alone. This includes situations where the principal party cannot be located or is not amenable to justice.
Are parties to an offence liable for the actions of other parties?
Point 11
Must Know
Everyone who is a party to an offence is also liable for the actions taken by any one of the parties in furtherance of the common intention, including any unusual consequences, unless the action taken goes beyond what was tacitly agreed to.
What are the procedures for investigating parties?
Point 12
Must Know
The procedures to be adopted when investigating parties are the same as those you would use for the principal offender.
