Parties Summary

Question 1

Parties Summary

Answer 1

• Section 66 (1)(a) to (d) of the Crimes Act 1961 deals with situations where the people involved are a party to the intended offence.
• Section 66(2) of the Crimes Act 1961 deals with situations where the people involved are a party to the intended offence and a party to any secondary offence committed in pursuance of the intended offence.
• Parties include those who actively participate in the offence committed as well as those who assist before or during the commission of the offence.
• In general terms:
  - aiding and abetting require require the presence of someone at the scene of the offence.
  - inciting, counselling and procuring describe actions that occurred before the offence was committed.
• To be considered a party to an offence, a person must have acted before or at the time the offence was carried out.
• To be considered a party to an offence, a person must have acted before or at the time the offence was committed.
• A secondary party need not know the precise detail involved in planning or committing the offence, in order to be considered a party.
• The intended offence need not be committed in precisely the way planned by all parties for those involved to be held liable.
• Mere presence at the scene of an offence does not create a liability on the part of a bystander unless there is a special relationship or legal duty owed.
• An innocent agent carries no liability an is not capable of conviction as a secondary party.
• A secondary party can be tried and convicted alone. This includes situation s where the principal party cannot be located or is not amenable to justice.
• Everyone who is a party to an offence is also liable for the actions taken by any one of the parties in furtherance of the common interaction, including any unusual consequences, unless the action taken goes beyond what was tactically agreed to.
• The procedures to be adopted when investigating parties are the same as those you would use for the principle offender.