Parties

Question 1

Parties Legislation

Answer 1

S66 CA 1961

(1) everyone is a party to and guilty of an offence who -
(a) actually commits the offence OR
(b) does or omits an act for purpose of aiding any person to commit the offence.
(c) abets any person in the commission of the offence OR
(d) incites, counsels, or procures any person to commit the offence.

Question 2

When participation must have occured

Answer 2

To be considered a party to the offence, participation must have occurred before or during the commission of the offence and before the completion of the offence.

Question 3

What you need to prove if charging

Answer 3

The identity of the defendant
An offence has successfully been committed.
The elements of offence in 66(1) have been satisfied.

Question 4

Principal Party vs Secondary

Answer 4

Principal Party: will be liable under 66(1)(a), where he or she personally satisfies the actus reas and mens rea requirement of the offence.

Secondary Party: Are those people whoose assistance, abetment, incitement, counselling or procurement is sufficent under s66(1)(b), or(c) or (d).

Question 5

R v Renata

Answer 5

Where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been a principal party or party in one of the ways stated in 66(1)

Question 6

Larkins v Police

Answer 6

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 7

Abet

Answer 7

Means to instigate or encourage another person to commit the offence.

Question 8

Aids

Answer 8

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

Question 9

Incites

Answer 9

Means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence.

Question 10

Counsel

Answer 10

Means to intentionally instigate the offence by advising a person on how to best to commit an offence.

Question 11

R v Bretts and Ridley

Answer 11

An offence where no violence is contemplated and the principal offender is carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.

Question 11

Procures

Answer 11

Means to set out to see that something happens and taking the appropriate steps to ensure that it does. Such as a woman ordering a hit man and offers money