Parties Flashcards
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.
R v Renata
Held that where the principal offender cannot be ID, 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)
Larkins v Police
The principals knowledge of assistance, proof of assistance, the principals absence of the knowledge of the assistance is actual assistance, the principal was able to proceed with the act with confidence that his enterprise was looking out for him (actual proof of assistance is required)
Ashton v Police (Important)
An example of a secondary party owning a legal duty to a third person or to the general public is a person teaching another person to drive, the secondary party is deemed to be in charge of the dangerous thing
R v Russell (Important)
the court held that the accused was morally bound to active steps to save his child but his deliberate abstention from doing so and by giving the encouragement and authority of his presence and his approval to his wife’s act he became an aider and abeter and thus a secondary offender
R v Betts and Ridley
Important
an offence were no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part would not be held liable for the violence
Definition of parties 66(1)
- Actually commits offence, or
- Does or omits an act for the purpose of aiding any person to commit the offence, or
- Abets any person in the commission of the offence, or
- Incites, counsels, procures any person to commit the offence
What to prove for parties to the offence
- The identity of the defendant
- Offence has been committed
- The ingredients have been satisfied
