PARTIES - omissions

Question 1

under what sections can omission be applied

Answer 1

explicitly under 66 1 b and 66 1 c as a common law principle

Question 2

the presence principle

Answer 2

A person who is deliberately present at the scene of an offence can be held liable as a secondary party if it is established that their omission:

• was intended to aid or abet the principal offender (PP)
• actually aided or abetted the principal offender (PP).

Question 3

the omission for secondary liabilty must be

Answer 3

INTENTIONAL

Question 4

proving the intention or actaul aid

IMPORTNAT TO MENTION IN EXAM

Answer 4

Whether there is intention or actual aid is for the fact-finder to decide.

Question 5

THE DUTY PRINCIPLE

Answer 5

a person will be laible as a 2ndary party if they are subject to a legal duty to act and omit to discharge that duty whetehr it comes form common law or statute

owed to a specifc perosn or the world at large

Question 6

common law duties - r v witika

Answer 6

establsihed that inactivity can be viewed as encouragement when there is a duty and the right and abilty to control of influnec the actions of others

there msut be an EXISTING LEGAL DUTY TO ACT

Question 7

SPECIAL relationshiop - common law

Answer 7

failure may amount to encouragement where there is a special relationshop between PP and SP, giving rise to duty to intervene

Question 8

statutory duties to act sections

Answer 8

151-157

if child parent under s152