Parties Flashcards
Act and Section? (Parties, think of AATF liability)
66(1) Crimes Act 1961
Define ingredients: (Parties)
a) actually commits an offence, or
b) does or omits an act for purpose of aiding a person
c) abets any person in the commission of an offence
d) incites, counsels or procures any person in the commission of an offence
Difference between Principle and Secondary offenders?
Principle:
Person is a principle offender where they personally satisfy the actus reas and mens rea.
Secondary:
Secondary parties are those people who aid, abet, incite, procure, counsel others to commit an offence, it is sufficient that their participation in the offence makes them liable.
What three things must you prove when charging as a part to an offence? (Parties)
- ID
- Offence has been committed
- Ingredients of section 66(2) have been satisfied
To be considered as a party to an offence, when must participation have occurred?
Before or during the commission of the offence and before the offence is completed.
Larkins V Police - Proof of assistance…
Its not necessary for the principle offender to know he was assisted, but by having an absence of knowledge it removes a common foundation for a finding of actual assistance. IE If the offender knew about the assistance he would act with the confidence that he was being assisted.
Define: Aids (plus list example)
Aids:
Means to assist in the commission of an offence, physically, verbally, by giving advice etc
Example:
Being the lookout in a burglary
Define: Abets
Means to instigate or encourage another person to commit an offence:
Example:
A man finds his wife with another man, a fight breaks out between the two men and the woman encourages the man to kill her husband
Define: Incites
To incite means to rouse, stir up, stimulate urge on another
Example:
A sports fan tells another sports fan to assault a protestor while he shouts on in approval
Define: Counsels
Means to intentionally instigate an offence by advising another person how to best commit it.
Example:
R v Baker a authored letter instructing how to blow up a safe what was located in a bank was found in possession of two offenders. The author was charged with being party to the offence even though he had no knowledge of where, when, who how in relation to the offence.
Procures:
Setting out to see that something happens and taking the appropriate steps to ensure that it does. Requires secondary party to cause principle party to commit the offence.
Example:
Woman obtains the services of a hitman to kill her husband and offers to pay him using sex or money.
Identify two exceptions to the passive presence rule (Weird one)
1: Special relationship
2: Legal duty
Outline ingredients of 66(2)
Where two people form the common intention to procure any unlawful purpose, then they are both party to either ones offending.
What is an innocent agent? What is R v Patterson?
An innocent agent is someone who is unaware of the significance of their actions.
R v Patterson: Relates to the TV
A person was asked to uplift a TV from a flat the accused pretended to own. The principle incites or employs the innocent agent, it is deemed to be the act of the offender.
Two methods by which multiple offenders may be considered to be principles?
1: each offender satisfies the ingredients of the offence
2: each offender separately satisfies the actus reas.
