Parties

Question 1

Section 66(1)

Answer 1

(1) 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

Section 66(2) - Need to know the difference between this and 66(1)

Answer 2

-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 3

What needs to be proved for parties to?

Answer 3

• The identity of the defendant, and
• an offence has been successfully committed; and
• the elements of the offence (s66(1)) have been satisfied.

Question 4

When must participation have occurred?

Answer 4

before or during (contemporaneous with) the commission of the offence and before the completion of the offence

Question 5

R V PENE - Intention to help or encourage - CASE LAW

Answer 5

R v Pene
A party must intentionally help or encourage - it is insufficient if they were
reckless as to whether the principal was assisted or encouraged

Question 6

Difference between principle and secondary parties

Answer 6

Principle party is liable under 66(1)(a) (as they have actually comitted the offence) and the secondary is sufficient under s66(1)(b),(c) or (d)

Question 7

R v Renata Multiple offenders - CASE LAW (Beating to death outside tavern)

Answer 7

R v Renata
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 8

Aids - definition

Answer 8

To aid means to assist in the commission of the offence, either physically or by giving advice and information.

Question 9

Larkins v Police - Proof of assistance - CASE LAW

Answer 9

Larkins v Police
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 10

Examples of assistance

Answer 10

• Keeping lookout for someone committing a burglary.
• Providing a screwdriver to someone interfering with a motor vehicle.
• Telling an associate when a neighbour is away from their home so as to allow the opportunity to commit a burglary.