Parties

Question 1

Parties to Offences

Legislation

(1) Every one is a party to and guilty of an offence who-

Answer 1

S66 CA61

(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

Parties to Offences

Legislation

(2) Where two or more persons…

and Example

Answer 2

S66 CA61

(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.

Examples:
Where a person is a party to an agreed act with violence and the principal offender in carrying out the common aim does an act causing death, the secondary party is equally responsible in law for such violence.

Question 3

Parties

What you must prove

Of note only

Answer 3

• The identity of the defendant, and
• an offence has been successfully committed; and
• the elements of the offence (s66(1)) have been satisfied.

Question 4

When participation must have occurred

Of note only

Answer 4

To be considered a party to the offence, participation must have occurred before or during (contemporaneous with) the commission of the offence and before the completion of the offence.

Question 5

Two methods by which multiple offenders may be considered to be principals

Of note only

Answer 5

Method 1: Each offender satisfies elements of offence committed
Example
Independently guilty of assaults

Method 2: Each offender separately satisfies part of the actus reus
Example
An offender prepares a poison before handing it to the other offender to administer the poison. In this example both offenders share the same intent.