Parties

Question 1

Section 66(1), Crimes Act 1961

Answer 1

Everyone is a party to and guilty of an offence who -

(a) Actually commits the offence
(b) Does or omits an act for the purpose of aiding any person to commit the offence
(c) Abets any person in the commission of the offence
(d) Incites, counsels, or procures any person to commit the offence

Question 2

Section 66(2), Crimes Act 1961

Answer 2

Two or more persons form an agreement to commit an offence and to assist each other therein - each of them is a party to every offence committed by any one of them in the commission of that primary offence, if it was known to be a probable consequence of the primary agreement

E.g. Agreement to assault victim with a machete (primary offence), resulting in the killing of the victim (secondary offence)

Question 3

Section 70, Crimes Act 1961

Answer 3

(1) Incites, counsels or procures another to be a party to an offence (is guilty of being a party themselves)

(2) Incites, counsels or procures another to be a party to an offence, is a party of every offence which that other commits in consequence of such inciting, counselling or procuring (which they knew to be likely to be committed in consequence thereof)

Question 4

Elements of proof (3) - party to an offence s66(1)

Answer 4

(1) Identity of the defendant
(2) An offence has been successfully committed
(3) The elements of the offence have been satisfied

Question 5

When must participation as a party have occured?

Answer 5

Before or during the commission of the offence (and before completion of the offence)

Question 6

Principal party

Answer 6

Where a person satisfies the actus reus and mens rea requirements of the offence

Question 7

Secondary party

Answer 7

Persons whose assistance, abetment, incitement, counselling or procurement makes them liable due to their participation.

Secondary party does not have to be present in commission of offence.

Where the act was part of the original planning, then the person who committed this act would be deemed to be a principal party.

Question 8

Multiple offenders - methods

Answer 8

Method (1) - Where each offender satisfies the elements of the offence committed, making them independently guilty of the offence (no requirement to refer to s66)

Method (2) - Where each offender separately satisfies part of the actus reus. Where their actions, when combined with the actions of the other person, satisfies the complete actus reus. Their actions must be accompanied by the required mens rea.

Question 9

R v Pene (intention to help/encourage)

Answer 9

A party to an offence must intentionally help or encourage. Recklessness is insufficient.

Question 10

R v Renata (Principal offender not identified)

Answer 10

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

Question 11

Aids

Answer 11

To assist in the commission of the offences, either physically or by giving advice or information.

Question 12

Larkins v Police (proof of actual assistance)

Answer 12

It is unnecessary that the principal party is aware that they are being assisted, but there must be proof of actual assistance

Question 13

Abets

Answer 13

To instigate or encourage (to urge another person to commit an offence)

Question 14

Ashton v Police (legal duty to act)

Answer 14

A person teaching another person to drive is under a legal duty to take reasonable precautions because he is deemed to be in charge of that dangerous thing

Question 15

R v Russell (special relationship)

Answer 15

The accused’s deliberate abstention and approval to his wife’s act, he became an aider and abettor and thus a secondary offender

Question 16

Incites

Answer 16

To rouse, stir up or stimulate

(takes place before an offence is carried out)

Question 17

Counsels

Answer 17

Intentionally instigate the offence by advising of how best to commit an offence or planning the commission of an offence for another person.

Counsellor need not know the details of the offence being carried out, it is sufficient that they knew an offence of that kind was being carried out.

(takes place before an offence is carried out)

Question 18

Procures

Answer 18

Setting out to see that something happens and taking the appropriate steps to ensure that it does

Requires that the secondary party deliberately causes the principal party to commit an offence

(take place before an offence is carried out)

Question 19

What is the exception to section 66(2) - common intention

Answer 19

Where one of the offenders goes beyond what was agreed then the other(s) is not liable for the consequences of the unauthorised act

(R v Betts & Ridley)

Question 20

R v Betts & Ridley (exception to common intention rule)

Answer 20

An offence where no violence is contemplated and the principal party uses violence, the secondary party is not liable for the violence used

Question 21

Probable consequence

Answer 21

A subjective appreciation on the part of the offender.

Person A must actually foresee the likelihood that Person B will commit another offence when committing the original offence

Question 22

Innocent agents

Answer 22

Someone who is unaware of the significance of their actions. They are not regarded as a participant in the offence and cannot be convicted as a secondary party

Question 23

Joint enterprise - murder or manslaughter (guilty as party)

Answer 23

Murder:
- Intentionally helped or encouraged
- Foresaw murder as a real risk in situation

Manslaughter
- Knew that there was a risk of killing
- Foresaw a risk of murder, but killing occurred in circumstances different from those contemplated
- Expected to have known there was a real risk of killing

Question 24

Investigations - establishing involvement of parties

Answer 24

(1) Reconstruction of offence
(2) Principal offender admissions / acknowledgments to others being involved
(3) Suspect or witness admissions to assistance
(4) Witness gives evidence of other persons involvement
(5) Receiving information of others involved

Question 25

Penalty for s66(2) (if not specified)

Answer 25

Liable to the same punishment as if he had attempted to commit that offence