PARTIES Flashcards
*Elements: Party to the offence
What you need to prove:
**Elements: Party to the offence
What you need to prove:
In each case of charging a person with being a party to an offence, you must prove:
- The identity of the defendant, and
- an offence has been successfully committed; and
- the elements of the offence (s66(1)) have been satisfied.
*When participation must have occurred:
When participation must have occurred:
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.
Principal party:
Principal party:
A person will be a principal offender & liable under s66(1)(a),
where he or she personally satisfies the actus reus
and
mens rea requirements of the offence.
(There may be more than one principal offender in relation to the offence committed.)
Secondary party:
Secondary party:
Secondary parties are those people who are
liable under s66(1)(b),(c) or (d) of the Crimes Act 1961 for their participation in the offence committed by the principal(s). (aid, abets, incites, counsels or Procures)
This is despite the fact that the secondary party does not themselves commit that offence.
**Multiple offenders:
There are two methods by which multiple offenders may be considered to be principals.
Multiple offenders: (SA)
There are two methods by which multiple offenders may be considered to be principals.
Method 1:
Each of the principal offenders may, separately, satisfy the necessary elements of the relevant offence committed,
eg where two people actively assault a third person, each of the offenders is a principal offender to the
assault.
Method 2:
- Under s66(1)(a) each offender may separately satisfy some part of the actus reus of the offence
- where their actions, when combined with the actions of the other person, satisfy the complete actus reus requirement of the offence.
- Their actions must also be accompanied by the requisite mens rea.
e.g 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.
R v Renata
R v Renata
The court held that where the principal offender cannot be identified,
it is sufficient to prove that each individual accused must have been either the principal
or a party in one of the ways contemplated by s66(1).
**Secondary offenders:
**Secondary offenders:
- Those who assist the principal offender(s) either before or during the commission of an offence
- Their liability generally lies within the scope of s66(1)(b), (c) or (d).
- The acts of the secondary offender must be earlier in time or contemporaneous with the acts of the principal offender(s).
- A person cannot be convicted as a party for an offence that is already complete. In such a case they would be liable as an accessory.
**Aids:
**Aids:
To assist in the commission of the offence,
either physically or by giving advice and information.
The presence of the person offering the aid
is not required at the scene, before, or at the time of the offence being committed.
Actual proof of assistance is required - Larkins v Police
Actual proof of assistance is required - Larkins v Police
Larkins v Police
While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
Examples of assistance
· Keeping lookout for someone committing a burglary.
· Providing a screwdriver to someone interfering with a motor vehicle.
· Telling an associate when a neighbour is away from their home so as to allow the opportunity to commit a burglary.
*Aiding by omission
*Aiding by omission:
Note that it is possible to aid or abet by omission.
Where A, who has a legal duty to act and a right or power of control over B,
fails to observe or discharge the duty by exercising that control to prevent B committing an offence.
