Parties

Question 1

What are the Ingredients for Section 66 - CA 1961

Answer 1

Parties
Section 66(1)(a)

(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

Case Law

1. R v Pene
2. R v Renata

Answer 2

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.
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R v RENATA
Three offenders beat the victim to death in the car park of a tavern.

The PROSECUTION was UNABLE TO ESTABLISH which blow was the fatal one or which of the three offenders administered it.

The court held that 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 in one of the ways contemplated by s66(1).

Question 3

Case Law

1. Larkins v Police - Actual proof of assistance is required
2. Ashton v Police - Legal Duty

Answer 3

LARKINS v POLICE
ACTUAL PROOF OF ASSISTANCE IS REQUIRED

While it is unnecessary that the principal should be aware that he or she is being assisted, THERE MUST BE PROOF OF ACTUAL ASSISTANCE.
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ASHTON v POLICE
An example of a secondary party owing a legal duty to a third person or to the general public is a person teaching another person to drive.

The special relationship is also dependant on the person who would be a secondary party having a legal duty to act and a right or power of control over the principal offender.

Question 4

Case Law

1. R v Russell
2. R v Betts and Ridley

Answer 4

R v RUSSELL
The accused was charged with the murder of his wife and two sons. Following an argument between the accused and his wife, the wife, in the presence of the accused, allegedly jumped into a swimming pool with both children, drowning them all. The ACCUSED FAILED TO RENDER ASSISTANCE to his wife or their children.

The court held that the accused was morally bound to take active steps to save his children, but BY HIS DELIBERATE ABSTENTION from so doing, and by giving the encouragement and authority of his presence and approval to his wife’s act he became an aider and abettor and thus a secondary offender.
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R v BETTS and RIDLEY
Agreed to rob a man. Bettts pushed over and took bag. Meanwhile Ridley waiting around the corner and hit the victim.

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.