OF05 Parties to Offences Flashcards
What is the penalty for being a party to an offence?
You are treated as having committed the full offence yourself.
Under Section 66 (1) Crimes Act 1961, everyone is a party to, and guilty of, an offence who?
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
What is passive presence?
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.
Under section 66 (2) Crimes ACT 1961 what are the three elements for party to an offence?
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)
What is the main difference between section 66 (1) and 66 (2)?
66 (1) deals with offences that were actually intended, 66 (2) deals with offences that were not actually intended.
66 (2) explanation -
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.
