Parties To

Question 1

What must you prove when charging a person with being party to an offence

Answer 1

The ID of the defendant

The offence has been successfully committed

The elements of the offence 66(1) have been satisfied

Question 2

When must participation occur to be ‘parties to’?

Answer 2

Before or during the commission of the offence and before the completion of the offence

Question 3

Principle party

Answer 3

He or she personally satisfied actus reus and mens Rea requirements of the offence

There maybe more than one principle offender

Question 4

Secondary party

Answer 4

Those people whose assistance , abetment , incitement counselling or procurement is sufficient under 66(1)b) c) or d)

To make them liable due to their participation in the offence committed by the principle

Question 5

Caselaw

R v Renata

Answer 5

Three offenders beat a person to death in the car park of a tavern

The prosecution was unable to establish which blow was the fatal one or which of the three offenders administered it

The court held that in matters such as these , the prosecution should look to providing culpability through mens Rea and actus reus

The court further held that where the principle offender cannot be identified , it is sufficient to prove that each individual accused may have been either the principle or a party in one of the ways contemplated by 66(1)