Parties

Question 1

Elements, section and act to Parties

Answer 1

Section 66(1)(a)-(d)
Crimes Act 1961
(a) commits offence, or
(b) aides in the commission, or
(c) abets (encourage, assist) in the commission, or
(d) incites, counss, procured any person to commit the offence

Question 2

Explain Section 66(2)

Answer 2

Where two or more people form a common intention to commit an offence AND assist each other

Question 3

Can Parties to be reckless?

Answer 3

No, it has to be intentional

Question 4

In order to charge someone with parties, what three things must you prove?

Answer 4

1) the ID of the defendant
2) the offence has been successfully committed
3) the elements of the offence (in 66(1)) have been satisfied

Question 5

Explain R v RUSSELL

Answer 5

Special relationship -

Deliberate abstention from taking active steps to stop a crime, can amount to be parties to a crime

Question 6

Explain R v RENATA
(common intention)

Answer 6

If the principal offender can’t be identified, it is sufficient to prove that each individual accused must be either the principal or a party in one of the ways in 66(1).

Question 7

Does a secondary party have to be present when the offence is committed?

Answer 7

No, even just unlocking a door or supplying a key for the burglar is a party even if not at the actual burglary scene when the offence is committed.

Question 8

Explain R v BETTS and RIDLEY

Answer 8

An offence where no violence is contemplated and the principal offender uses violence, the second offender taking no part in the violence would not be held liable for that violence.

Question 9

Explain LARKINS v Police

Answer 9

While it is unnecessary that the principal should be aware that they’re being assisted, there must be proof of the actual assistance.

Question 10

What are some examples of assistance?

Answer 10

• keeping a lookout
• providing a key to the burglar
• telling an associate the neighbour is away to allow opportunity to commit a burglary