Association offences (general) Flashcards
The involvement of parties may be established by:
- A reconstruction of the offence committed. This would indicate that more than one person was involved, or that the principal offender had received 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 persons involvement based on their observations
- Receiving information indicating that others were involved in the offence.
What is the first general point relating to prosecution of association offences?
A person can be convicted as a secondary party whether or not the principal has been located, charged or convicted
What is the second general point relating to prosecution of association offences?
Where the principal cannot be convicted due to infancy, insanity or death a secondary party may still be convicted.
What is the third general point relating to prosecution of association offences?
Where there are two or more persons who are parties to an offence, each is an accomplice of the other and as such can be convicted on uncorroborated evidence of the other party, although it is unwise to do so
What is the fourth general point relating to prosecution of association offences?
In cases where an offence is only capable of being committed by a person of a designated class such as a motor vehicle driver, and where that person has been acquitted of a charge, no other person is able to be convicted as a secondary party.
What is the fifth general point relating to prosecution of association offences?
A person may be convicted as a secondary party to an offence for which he or she could not, themselves, commit.
The limitation may be sex, age, or some other qualification or status and thus they are held to be incapable of actually committing the offence.
However such a person can be guilty of such an offence as a secondary party, such as a quadriplegic offering advice and information on how to commit a robbery without physically being able to commit the offence.
What is the sixth general point relating to prosecution of association offences?
Any person who would have been a party to the completed offence is considered a party to any attempt carried out in circumstances where the substantive offence was unsuccessful
What is the seventh general point relating to prosecution of association offences?
Every party to an offence (who is not the principal) may be proceeded against and convicted of that offence, either together with the principal or before or after the principal is convicted of the offence
What is the eighth general point relating to prosecution of association offences?
An accomplice can be convicted of a lesser offence than the one that principal offender is convicted of.
What is the ninth general point relating to prosecution of association offences?
It was found that a secondary party to an offence may escape liability by a timely and effective withdrawal before the commission or attempt of the offence
What is the tenth general point relating to prosecution of association offences?
Secondary liability has no application to a charge of aggravated robbery. This is because the collective element of being together with any other person or persons displaces s66(1)(a)-(d)
How to formulate a charge under S66(1)?
Where 66(1) applies and it can be clearly shown how the suspect became a party to the offence, you must use the same wording as for the principal offender, prefacing the charge with the words ‘was party to’. You must also add at the end “aid, abet, incite, counsel, or procure”
Why do you need to include the relevant option from s66(1) if it is known?
This ensures the defendant is aware of the basis of the charge filed. If this is not done, the prosecutor must advise the court that the defendant is charged as a party, before;
- The summary of facts is read out on a guilty plea
- Evidence is heard in a judge alone trial
Where there is no punishment expressly provided what will be the charge for incites, counsels or attempts to procure any person?
The penalty section that will be applied id
