Parties s66(1) C.A. 1961

Question 1

What is a party to an offence

Answer 1

It is any person who is involved at any or ALL the stages of preparing for, attempting, or actually committing an offence.

Question 2

What constitutes as a Party?

Answer 2

Section 66(1)(a,b,c,d)

a. Actually commits the offence
b. Does or omits an act for the purpose of aiding any person to commit the offence
c. Abets any person in the commission of the offence
d.Incites, counsels, or procures any person to commit the offence.

Question 3

What is the difference between Section 66 (1) and 66 (2) Crimes Act 1961?

Answer 3

66(1) deals with persons who are a party to an intended offence, where as 66(2) is where 2 or more persons form a common intention to committ an offence/ assist each other therein. Each of them is a party to every offence committed by any one of them.

Question 4

When charging someone with a ‘Party to an offence, what three things must you prove’?

Answer 4

The identity of the defendant
An offence has been successfully committed
The elements of the offence have been satisfied.

Question 5

When must participation occur in a parties to offence?

Answer 5

Before, or During the offence, and before the completion of it.

Question 6

What was held in R v Pene

Answer 6

A party must intentionally help or encourage. It is not sufficient if they were reckless

Question 7

What was held in R v Renata (relates to actually commits the offence)

Answer 7

Where a principal offender cannot be identified it is sufficient to prove that each individual accused must have either been the principal or a party in one of the ways contemplated in s66(1)

Question 8

What is a Principal Offender, and what is a Secondary Offender

Answer 8

Principal Offender = s66(1)(a)
Secondary Offender = s66(1)(b),(c), or (d) - they assist the principal before, or during the offence.

Question 9

Does a secondary party need to be present when an offence is committed?

Answer 9

No, not necessary (i.e. leave key out or deliberately leaving door unlocked)

Question 10

Define what aiding a person means?

Answer 10

To give assistance either physically or verbally (i.e. advice)

Question 11

When ‘aiding someone’ is it necessary to there be proof of this aiding?

Answer 11

Yes. It is not however necessary for the Principal Offender to know they are being assisted though. There just needs to be proof assistance happened. (Larkins v Police)

Question 12

What does it mean by Abets?

Answer 12

This means to intentionally help & encourage another person. Mere presence will not suffice but intentional presence alongside encouragement of the act/s will. Mere presence will suffice if that person had a legal duty

Question 13

When it comes to legal duty/special relationship what does this mean?

Answer 13

Where there is a special relationship and no intervention on the part of the person who would be a party too (i.e. mere presence) then this might amount to approval and encouragement of the principal offenders actions.

Question 14

In Ashton v Police what was held?

Answer 14

A secondary party owing legal duty to a third person or to the general public is a person teaching another to drive a car. They are under a legal duty to take reasonable precautions and are deemed to be in charge of a dangerous thing

Question 15

Define Incites:

Answer 15

Means to agitate, rile up, urge, stir up to commit the offence

Question 16

Define Counsels

Answer 16

Intentionally instigates the offence by advising the person best how to commit an offence or planning the commision of an offence for another person. They only need knowledge of the offence and not the finer details.

Question 17

Define Procurement

Answer 17

Setting out to see that something happens and taking the appropriate steps to ensure it does. Requires the secondary party to deliberately ensure the principal party commits the offence. i.e. a women hires a hit man to kill her husband and offers sex or money in payment.

Question 18

Under S66(2) C.A. 1961 what does it mean by ‘Common Intention’

Answer 18

Common intention means the agreement formed by two or more persons to commit an offence. These persons can be charge with Parties to

Question 19

What was held in R v Betts and Ridley?

Answer 19

When the two parties agree on a common intention and no violence is contemplated, and the principal offender carrying out the common aim USES violence, the secondary offender who takes no physical part in it would not be held liable for the violence used.

Question 20

Explain Probable Consequence in relation to Person A (think of Betts and Ridley)

Answer 20

1. Person A needs to realise that an offence of that type is possible
2. Person A foresight of offence B include any appreciation of the consequences of the physical elements of the offence committed. - No mens rea element required

Question 21

A Person is Charged as a party to Murder will be guilty of it if they:

Answer 21

• Intentionally helped or encourage it, OR
• Foresaw murder as a probable consequence in the siutation that arose.

Question 22

A person is charged as a party to Manslaughter where they:

Answer 22

• Knew that at some stage there was a real risk of killing short of murder, OR
• Foresaw a real risk of murder, but the killing occurred in circumstances different from those contemplated, or
• Can be expected to have known there was an ever-present real risk of killing.

Question 23

Define Innocent Agent

Answer 23

An innocent agent is someone who is unaware of the significance of their actions. They cannot be convicted as a secondary party.

Question 24

When investigating a parties to offence, how would you establish the involvement of parties?

Answer 24

• Suspect or Witness admitting they were involved when interviewed
• Witness providing evidence of someone elses involvement
• Reconstruction of the offence committed (this would indicate if there was more than one person involved)
• Principal offender acknowledging or admitting others were involved.
• Receiving information indicating others were involved.

Question 25

Prosecution Questions regarding Secondary Party charging:
1. Can a secondary be charged if the principal hasnt been located, or charged?
2. If the principal cant be convicted due to insantity, death etc, can the secondary?
3. Can a secondary party be convicted where the offence being committed is by a person of a designated class (i.e. motor vehicle driver) and that person has been aquitted of that charged?

Answer 25

1. Yes
2. Yes
3. No

Question 26

Can a person who can’t committ the offence themselves still be charged as a secondary party? Name an example.

Answer 26

Yes. And a quadriplegic offering advice and information on how to committ a robbery but can’t committ it themselves

Question 27

When it comes to an accomplice can they be convicted of a lesser offence than the principal?

Answer 27

Yes . R v Hartley - Gang shooting where the principal got murder and accomplish got manslaughter