Parties: Investigative procedure Flashcards

1
Q

Establishing involvement of parties

A

can be done by:
- reconstruction of offence committed
- principal offender acknowledging or admitting that others were involved in the offence
- a witness providing evidence of another persons involvement
- receiving information indicating that others were involved in the offence

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2
Q

Charges under 66(1) - penalties

A

No punishment is expressly provided, so apply s311(2) of CA

Everyone who incites, counsels, or attempts t procure any person to commit any offence, when that offence in fact is not committed, is liable to the same punishment as if he had attempted to commit that offence, unless in respect of any such case a punishments is otherwise expressly provided by this act or some other enactment

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3
Q

Charges under 66(2) - penalties

A

No punishment is expressly provided, so apply s311(2) of CA

Everyone who incites, counsels, or attempts t procure any person to commit any offence, when that offence in fact is not committed, is liable to the same punishment as if he had attempted to commit that offence, unless in respect of any such case a punishments is otherwise expressly provided by this act or some other enactment

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