OF05 Parties to Offences

Question 1

What is S66(1) CA1961? Parties to Offences

Answer 1

2 or more persons
ACTUALLY COMMIT an offence
BY ASSISTING in some way.

Question 2

What is S66(2) CA1961? Parties to Offences

Answer 2

2 or more persons forming a COMMON INTENTION to commit an offence.

Each will be guilty of an offence committed by the other in certain circumstances.

Question 3

What are the penalties for being ‘Parties to Offences’?

Answer 3

SAME PENALTY as if they committed the actual offence.

Question 4

DEFINE

‘aids’

Answer 4

HELPS

, gives actual assistance.

Question 5

DEFINE

‘abets’

Answer 5

Encourages or assists.

Question 6

DEFINE

‘incites’

Answer 6

URGES on or stirs up.

Question 7

DEFINE

‘counsels’

Answer 7

Gives advice, instigates or plans.

Question 8

DEFINE ‘procures’

Answer 8

OBTAINS, acquires or brings about.

Question 9

S66(1) CA1961 Parties to Offences

Answer 9

Everyone is a party to, and guilty of an offence who;

a) actually commits the offence
b) does or omits an act to aid any person to commit the offence, or
c) abets any person in the commission of the offence, or
d) incites, counsels or procures a person to commit the offence.

Question 10

S66(2) CA1961 Parties to Offences

Answer 10

• Two or more form a common intention to prosecute an unlawful purpose and assist each other there in
• each 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 11

What are the differences between S66(1) and S66(2) of the CA1961?

Answer 11

(1) deals with offences that were ACTUALLY intended.

(2) is directed at offences that were NOT ACTUALLY intended.