Parties

Question 1

What section is parties?

Answer 1

s66, Crimes Act 1961

Question 2

Define legislation for parties

Answer 2

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

Question 3

What do you need to prove parties?

Answer 3

1. the identify of the defendant
2. an offence has been successfully committed
3. the elements of s66(1) have been satisfied.

Question 4

When does participation need to have occurred?

Answer 4

Before or during (contemporaneous) the commission of the offence

Question 5

Who is a secondary party?

Answer 5

Those people who assist, abets, incites, counsels or procures.

Question 6

What three things can be done under s66(1)(d)

Answer 6

incites, counsels, or procures.

Question 7

What does abets mean?

Answer 7

To instigate or encourage someone to commit an offence