Evolution Of The Offence - Parties

Question 1

Liability

- Parties to offences (1)

Answer 1

Section 66(1), Crimes Act 1961

• Every one 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

When can you be considered a party to an offence?

Answer 2

Participation must have occurred before or during the commission of the offence and before the completion of the offence.

Question 3

What is the liability as a principal party?

Answer 3

Actually commits offence.

Question 4

What is the liability of the secondary party?

Answer 4

Assists, abets, incites, counsels or procures principal offender.

Question 5

Define - Aids

Answer 5

To assist either physically or by giving advice and information. Does not need to be present. (lookout, give tools, advise when victim leaves)

Question 6

Define - Abets

Answer 6

• To instigate or encourage, to urge another person to commit the offence.
• Does not need to be present.

Question 7

Define - Incites

Answer 7

To rouse, stir up, stimulate, animate, urge or spur on another person to commit an offence.

Question 8

Define - Counsels

Answer 8

• To intentionally instigate, advising a person on how best to commit an offence, or planning the commission of an offence for another person.
• May also mean ‘urging someone to commit an offence’. In which case it will overlap with incitement.

R v BAKER

Question 9

Define - Procures

Answer 9

• Setting out that something happens and taking the appropriate steps to ensure that it does happen.
• Strong connection to offence required.
  Eg, the use of a hitman to kill someone.

Question 10

Special relationship

Answer 10

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 principal offenders actions.

Question 11

Liability

- Parties to offences (2)

Answer 11

Section 66(2), Crimes Act 1961
- 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 12

R v Betts and Ridley

Answer 12

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.

(Secondary not liable for violence)

Relates to: Parties

Question 13

What is a principal offender?

Answer 13

Where he or she personally satisfies the actus reus and mens rea requirements of the offence.

Question 14

What is the secondary offender?

Answer 14

People whose assistance, abetment, incitement, counselling or procurement is sufficient under section 66(1) (b), (c) or (d) of the Crimes Act 1961 to make them also liable due to their participation in the offence committed by the principal offender/s.

This is despite the fact that the secondary party does not themselves commit that offence.

Question 15

What is an innocent agent?

Answer 15

• An innocent agent is someone who is unaware of the significance of their actions.
• They cannot be convicted as a secondary party.

Question 16

What needs to be proven?

Answer 16

• Identity of the accuses AND
• An offence has been successfully committed AND
• Ingredients of the offence (s66(1)) have been satisfied.