C.A Association Offences

Question 1

SECTION 66 (1) parties to offences

Answer 1

(1) everyone 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

Question 2

SECTION 66 (2) parties to offences

Answer 2

(2) 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 of the prosecution of the common purpose.

Question 3

SECTION 71: accessory after the fact

Answer 3

(1) an accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppressed any evidence against him or her, in order to enable him or her to escape after arrest or to avoid arrest or conviction.
(2) no person whose soul Ouse or civil union partner has been a party to an offence becomes an accessory after the fact to that offence by doing any act to which this section applies in order to enable the spouse or civil union partner, or the spouse, civil union partner and any other person who has been a party to the offence, to escape after arrest or to avoid the arrest of conviction.

Question 4

SECTION 72: ATTEMPTS

Answer 4

(1) everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances or was possible to commit the offence or not.
(2) the question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3) an act fine or omitted with intent to commit an offence my constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 5

SECTION 310(1): Conspiracy

Answer 5

Conspires

With any person

To commit an offence

Question 6

SECTION 71: ACCESSORY AFTER THE FACT

ELEMENTS

Answer 6

Knowing that 
-
Has committed/been a party to 
-
The offence of 
-
Received/comforted/assisted/tampered with evidence against/actively suppressed evidence against 
-
The said 
-
In order to enable him to 
-
Escape arrest/avoid arrest/avoid conviction