Parties

Question 1

Section and elements

Answer 1

Section 66(1) CA

1. Everyone is party to and guilty of an offence who:
   (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 int he commission of the offence

Question 2

Aiding

Answer 2

Assist in the commission of an offence either phyiscally or by giving advice and information. Being present at the scene not required. Eg deliberately leaving a door unlocked for a burglary

Question 3

What to you need to prove for section 66(1)?

Answer 3

1. The identity of the Defendant
2. An offence has been successful committed.
3. The elements of the offence have been satisfied

Question 4

Abets

Answer 4

Instigate or encourage, urge another person to commit the offence. Eg A woman discovers her husband with another man, a fight breaks out between the two men and the woman encourages the other man to kill her husband.

Question 5

Incites

Answer 5

To rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence. Eg a sports fan spurs on another fan to assault a protester and yells approval while the offence takes place.

Question 6

Counsels

Answer 6

Intentionally instigate the offence by advising a person(s) on how best to commit the offence, or planning the commission of the offence. Eg writing and sending a letter to another party instructing how to blow open a safe.

Question 7

Procures

Answer 7

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

Eg a woman obtains the services of a hit man to kill her husband and offers money or sexual services to him as payment.

Question 8

Difference between Principal and Secondary offenders?

Answer 8

Principal - Actually commits the offence and satisfy the Mens reus and Actus reus

Secondary - Aids, Abets, Incites, Counsels, or Procures

Question 9

Two methods to be considered a Principal offender?

Answer 9

1. Each offender satisfies elements of the offence committed.
2. Each offender seperately satisfies part of the actus reus, i.e combined actions complete the full actus reus requirement of offence.

Question 10

What is Section 66(2) in common terms

Answer 10

Situations where two or more offenders for a common intention (agreement) and set out to commit an offence together. One can be charged a party to any offence the other commits in order to assist in the commission of the original offence.

Eg a robbery, all who enter into the agreement can be charges as parties to that offence. They can also be charged as parties to any other offence that any one of them commits in order to assist int he commission of the robbery - ie one party steals get away car the other party is party to that theft.

Question 11

What is the distinction between sec 66(1) and (2)

Answer 11

66(1) it can be clearly shown how the secondary became a party to an offence by helping the principal by aiding, abetting, inciting, counsels, or procure (subsections b, c, d)

66(2) The person is a party to a secondary offence (in aiding the original offence) or it is unclear which subsection applies, formulate the charge as for a principal offender.