Parties and Attempts

Question 1

Define the 4 elements contained in section 66(1) that makes a person party to an offence ?

Answer 1

1. Actually commits the offence
2. Aids any person to commit the offence
3. Abets any person in the commission of the offence
4. Incites, counsels, procures any person to commit the offence

Question 2

Outline the elements of section 66 (2) as they relate to criminal responsibility of parties to an offence ?

Answer 2

1. Common intention with 2 or more offenders
2. Prosecution of the common purpose of each intention / offence
3. Probable consequence

Question 3

What are the elements of section 72(1) that create the offence of attempting to commit an offence ?

Answer 3

1. Intent
2. Actus Reus
3. Proximate

Question 4

When would an attempt be physically or factually impossible ?

Answer 4

Intent, actus reus, proximate

Still present

Question 5

What do sections 72(1) and 311(1) tell the court when they are added to the charge ?

Answer 5

Charging with an attempt, and referring to attempt penalties