PARTIES - 66(2), accessory, defence of withdrawal

Question 1

when to use 66(2)

Answer 1

if it is clear 66(1) can apply then use that however use one side by side to the other if unsure

Question 2

66(2) does not require

Answer 2

knowledge of the comission of the offence intention to aid etc or any actual aid

Question 3

66(2) is USUALLY used when

Answer 3

the object crime is intended by the aiding etc was not achieved or is not the one being charged

Question 4

requirements for 66(2)

Answer 4

1. A shared intention to carry out an unlawful purpose.
2. An offence committed by any one person.
3. An offence carried out while pursuing the unlawful purpose.
4. The commission of the offence was likely to occur as a result of the shared purpose.

Question 5

REQUIREMENTS

1. A shared intention to carry out an unlawful purpose.

Answer 5

There must be evidence of a common intention between two or more parties essentially conspiracy

unlawful purpsoe likely limited to criminal offneces

Question 6

REQUIREMENTS

An offence committed by any one person.

Answer 6

the person who commits the offence is the PP, if you cannot prove that a specific person is the PP then there can be no secondary liability that attaches to the others

Question 7

REQUIREMENTS

An offence carried out while pursuing the unlawful purpose.

Answer 7

covers everything that a secondary party contempaltes as a reasonably adjunct or incidnet of the core common purpsoe

Question 8

REQUIREMENTS

An offence carried out while pursuing the unlawful purpose.

what are two examples of where an offence is committed in the prosecution of the common purpsoe

Answer 8

1. when such purpose had expired and is no longer being prosecuted
2. the PP departs from the purpose so marketdly that the offence is not comitted in the prosecution of that purpsoe

Question 9

REQUIREMENTS

The commission of the offence was likely to occur as a result of the shared purpose.

Answer 9

knowldge assessed subjevtively, considered independantly

Question 10

example of

The commission of the offence was likely to occur as a result of the shared purpose.

Answer 10

if a SP knows a PP intends to cause grevious bodily harm and ends up killing the victim, the SP can be charged w/ manslaughter under 66(2)

Question 11

accessory after the fact section

Answer 11

71

Question 12

accessory after the fact applies when

Answer 12

someone knowing any perosn to have been party to an offence assist that person after the comission of the offence

receving, comforting, tampering w evidnece

STEPHEN PUT IN EXAMS LOOK OUT FOR IF THEY SEEM INNOCENT BUT HELP THEM

Question 13

DEFENCE of withdrawl section

Answer 13

20(1)

Question 14

what is defence of withdrawl

Answer 14

allows for a SP to withdrawl from the comission to the offence prior to its completion

Question 15

if relying on withdrawl the SP bears

Answer 15

An evidential burden is on the defence to show a reasonable possibility of withdrawal. Once this is established, the prosecution must prove beyond a reasonable doubt that the alleged secondary party did not withdraw.

Question 16

requirements for defence of withdrawl

two parts

Answer 16

1. Timely conduct, through words or actions, that clearly shows withdrawal from secondary liability.
2. The withdrawing party must take reasonable steps to counteract their prior involvement or prevent the principal offence.

Question 17

requirements for defence of withdrawl

Timely conduct, through words or actions, that clearly shows withdrawal from secondary liability.

Answer 17

small getsures, like sending a text are insuficient

for continuous offences withdrawing during the offence is not eniugh

for offences like robbery where crime compleet upon entry, withdrawl after taht point is inafective

Question 18

requirements for defence of withdrawl

The withdrawing party must take reasonable steps to counteract their prior involvement or prevent the principal offence.

Answer 18

-greater involvement and proxitmity to the crime require strong efforts to prevet it

e.g. ashin - retrieving a supplied weapon, warning or protecting the victim, notifying the police

Question 19

key considertaion for defence of withdrawl

Answer 19

the purpose of the withdrawl defence is to encourage indicidual to actively reverse their previous assintance