Parties I

Question 1

Parties to Offences

Legislation (1)

Answer 1

S66 (1) 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

What you must prove

Answer 2

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

Question 3

When participation must have occurred

Of note only

Answer 3

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 4

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

Of note only

Answer 4

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.

Question 5

Offence committed other than offence intended
Section 70(1) Crimes Act 1961

Answer 5

Every one who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled, or suggested.

Question 6

Offence committed other than offence intended
Section 70(2) Crimes Act 1961

Answer 6

Every one who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knew to be likely to be committed in consequence thereof.

Question 7

Distinction between principal and secondary party

Answer 7

Generally, a distinction is made between the principal party (the person who actually commits the offence) and the secondary party.

Question 8

Principal party

Answer 8

where he or she personally satisfies the actus reus and mens rea requirements of the offence.

There may be more than one offender identified as a principal offender, eg where two people actively assault a third person

Question 9

Secondary party

Answer 9

Secondary parties are those people whose assistance, abetment, incitement, counselling or procurement is sufficient under s66(1)(b),(c)(d) of the CA to make them also liable due to their participation in the offence committed by the principal(s).

This is despite the fact that the secondary party does not themselves commit that offence.

Question 10

Aids

Answer 10

To aid means to assist in the commission of the offence, either physically or by giving advice and information. Not required at to give aid at scene.

• 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.

Question 11

Aiding by omission

Answer 11

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.

Question 12

Abets

Answer 12

To instigate or encourage, to urge another person to commit the offence.

Eg A woman discovers her same sex marriage partner with another person. A fight breaks out between the woman and the other person. While the fight continues the partner encourages the other person to kill her same sex marriage partner.

Question 13

Incites

Answer 13

To rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence.

Eg a sports fan spurs on another fan to assault a protester and yells approval while the offence takes place.

Question 14

Counsels

Answer 14

Intentionally instigate the offence by advising a person(s) on how best to commit the offence, or planning the commission of the offence. Eg writing and sending a letter to another party instructing how to blow open a safe.

Question 15

Procures

Answer 15

Setting out to see that something happens and taking the appropriate steps to ensure that it does. The secondary party deliberately causes the principal to commit the offence.

Eg a woman obtains the services of a hit man to kill her husband and offers money or sexual services to him as payment.