Even More

Question 1

Parties to the offence - 66(2)

Answer 1

Where two or more person 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 2

R v Renata

Answer 2

The court held that where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal or a party in one of the ways contemplated by s66(1)

Question 3

Larkins v police

Answer 3

While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance

Question 4

Special relationship

Answer 4

Where there is a special relationship and no intervention on the part of the person who would be a party, then this might amount to approval and encouragement of the principle offenders actions

Question 5

R v Russell

Answer 5

The court held that the accused was morally bound to take active steps to save his children,

but by his deliberate abstention from doing so,

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

Question 6

Incites

Answer 6

To rouse, stir up, stimulate, animate urge or spur on a person to commit the offence

Eg. A sports fan spurs on another fan to assault a protester and yells approval while the offence takes place

Question 7

R v betts and Ridley

Answer 7

An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence,

a secondary offender taking no physical part in it would not be held liable for the violence used

Question 8

Innocent agents

Answer 8

Someone who is unaware of the significance of their actions.

In cases where the offenders use an innocent agent to bring about the actus reus, the innocent agent is not regarded as a participant in the offence, they are simply a mechanism.

The law treats the offender as the principal in such cases.

An innocent agent cannot be convicted as a secondary party.

R v Paterson

Question 9

Establishing involvement of parties

Answer 9

• a reconstruction of the offence committed. This would indicate that more than one person was involved, 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 person’s involvement based on their observations
• receiving information indicating that others were involved in the offence

Question 10

Parties to offences - 66 CA61

Answer 10

1) every is a party to and guilty of an offence who

A) actually commits the offence

B) does or omits 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 procures any person to commit the offence