Parties

Question 1

Define Sec.66(1) C.A.61

Answer 1

(1) Every one is a party to and guilty of an offence who -
(a) Actually commits the offence; or
(b) Does or omits an act for the purpose of aiding any person to commit the offence; or
(c) Abets any person in the commission of the offence; or
(d) Incites, counsels, or procures any person to commit the offence.

Question 2

Define Sec.66(2) C.A.61

Answer 2

(2) Where 2 or more persons form a common intention to prosecute any unlawful purpose, & to assist each other therein, each of them is a party to every offence committed by any one of them….if the commission of that offence was known to be a probable consequence.

Question 3

R v Pene

Answer 3

A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged.

Question 4

Explain abets.

Answer 4

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

Question 5

Explain incites.

Answer 5

To rouse, stir up, stimulate, animate, urge or spur on.

Question 6

Explain counsels.

Answer 6

To intentionally instigate the offence by advising how best to commit the offence; or planning.

Question 7

Explain procures.

Answer 7

Setting out to see that something happens & taking the appropriate steps to ensure that it does. Procures requires that the secondary party deliberately causes the principal party to commit the offence.

Question 8

Explain principal party.

Answer 8

They actually commit the offence Sec.66(1)(a) C.A.61

Question 9

Explain secondary party.

Answer 9

A person does or omits an act, abets, incites, counsels or procures in order to aid the principal party to commit the offence.

Question 10

R v Renata

Answer 10

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 Sec.66(1)

Question 11

Larkins v Police

Answer 11

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 12

Explain legal duty.

Answer 12

A person (secondary party) who has a legal duty to act & right or power of control over the principal offender.

Question 13

Ashton v Police

Answer 13

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. That person has a legal duty to taken reasonable precautions and is deemed to be in charge of a dangerous thing.

Question 14

Special Relationship.

R v Russell

Answer 14

Accused charged with murder of his wife & two sons. Following an argument & in the presence of the accused, the wife jumped into a pool with both children, drowning them all. Court held - accused was morally bound to take active steps to save the children, but by not doing so gave encouragement & authority of his presence & approval to his wife’s act, he became an aider & abettor & thus a secondary offender.

Question 15

Explain party to a secondary offence Sec.66(2) C.A.61

Answer 15

In situations where 2 or more offenders agree to commit an offence (Offence A), all who entered into the agreement can be charged as parties to that offence.
They can also be charged as parties to any other offence (Offence B) that any of them commits in order to assist in the commission of (Offence A) provided (Offence B) is known to be a probable consequence.

Question 16

R v Betts & Ridley

Answer 16

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

Question 17

Explain probable consequence.

Answer 17

‘Known to be a probable consequence’ is a subjective appreciation on the part of the offender (person A) where they must foresee the likelihood that their co-offender (person B) will commit the collateral offence (offence B).

Question 18

Explain the term innocent agent.

Answer 18

Someone who is unaware of the significance of their actions. They cannot be convicted as a secondary party, e.g. an offender puts poison in a wine glass, which is then given by the waiter to the intended victim.