PARTIES 2.

Question 1

**Abets:

Answer 1

**Abets:

To instigate or encourage; To urge another person to commit the offence.

As with aiding, the presence of the abettor at the scene of the offence at the time of its commission is not required.

Question 2

**Incites:

Answer 2

**Incites:
To rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence.

For example, a sports fan spurs on another fan to assault a protester and yells approval while the offence takes place.

Question 3

**Counsels:

Answer 3

**Counsels:

To intentionally instigate the offence by advising a person(s) on how best to commit an offence, or planning the commission of an offence for another person(s).

Counselling may also mean “urging someone to commit an offence”, in which case it will overlap with incitement.

Question 4

**Procures:

Answer 4

**Procures:
Procurement is setting out to see that something happens and taking the appropriate steps to ensure that it does.

“Procures” requires that the secondary party deliberately causes the principal party to commit the offence.

It requires a stronger connection between the secondary party and the commission of the offence than is evidenced in aiding, abetting or inciting.

Procurement may be carried out by fraud, persuasion, words or conduct, such as an offer of payment.

Example: A woman obtains the services of a ‘hit man’ to kill her husband and offers money or sexual services to him as payment.

Question 5

Elements: Party to a secondary offence

Answer 5

Elements: Party to a secondary offence

Party to a secondary offence
Section 66, Crimes Act 1961 (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 6

R v Betts and Ridley

Answer 6

R v Betts and Ridley

An offence where no violence is contemplated and the principal offender in 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 7

Investigative procedure – Party to a secondary offence.

Establishing involvement of parties

Answer 7

Establishing involvement of parties:

The involvement of parties may be established by:

· A reconstruction of the offence committed - This would indicate that more than one person was involved, or that the principal offender had received advice or assistance.

· The principal offender acknowledging or admitting that others were involved in the offence.

· A suspect or witness admitting to providing aid or assistance when interviewed.

· A witness providing you with evidence of another person’s involvement based on their observations.

· Receiving information indicating that others were involved in the offence.