OF05 Parties to Offences Flashcards

1
Q

What is the penalty for being a party to an offence?

A

You are treated as having committed the full offence yourself.

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2
Q

Under Section 66 (1) Crimes Act 1961, everyone is a party to, and guilty of, an offence who?

A

Actually commits the offence

Aids - helps, actual assistance

Abets - encourages or assists

Incites - urges or stirs up

Counsels - gives advice, instigates or plans

Procures - obtains, acquires or brings about

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3
Q

What is passive presence?

A

When a special relationship exists between parties, someone may be liable for an offence if they do not speak up or attempt to stop the offence from happening.

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4
Q

Under section 66 (2) Crimes ACT 1961 what are the three elements for party to an offence?

A

Common intention - 2 or more people form a plan to carry out an unlawful purpose.

Every offence - all members are liable for all offences.

Probable consequence - if the commission of that offence was known to be a probable consequence of the prosecution of that purpose (liable for any act they knew could happen in committing the offence to achieve their goal)

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5
Q

What is the main difference between section 66 (1) and 66 (2)?

A

66 (1) deals with offences that were actually intended, 66 (2) deals with offences that were not actually intended.

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