PARTIES - gen and principle

Question 1

what section is for parties

Answer 1

s66

Question 3

section 66(1)(a)

Answer 3

outlines the principle party being the one who actually commits the offence

Question 4

how many principle parties can there be

Answer 4

there can be more than one principal party or more than one joint principle party, some offence can only be committed by joint principal parties

Question 5

joint participation

Answer 5

multiple principle parties can jointly commit all the AR requirements of an offence
- both commititng the AR
OR
- both committing different parts of the mr

both parties do not have to complete ALL elements of the AR to be laible

Question 6

innocnet agency

Answer 6

In cases where A convinces an innocent person, B, to commit the actus reus (AR) of a crime, A is considered the principal party because A has the mens rea (MR) to commit the offence, while B does not. Since B is unaware they are committing a crime, they are treated as an “innocent agent.”

Legally, A is treated as if they themselves performed the actus reus, even though B physically carried it out. This is called “constructive performance” of the actus reus, meaning A is responsible for the crime as if they directly committed it.