Parties to Module

Question 1

Parties to Offences (Elements)

Answer 1

Crimes Act 1961 Section 66
(1) Everyone is party and guilty of an offence who -
(a) Actually commits the offence or
(b) Does or omits an act for the purpose of aiding any person to commit the offence or
(c) Abets any person in the commission of an offence or
(d) Incites, counsels or procures any person to commit the offence

Question 2

Parties to Offences (Elements (2)

Answer 2

Crimes Act 1961 Section 66(2)
- Where 2 or more persons form a common intention to prosecute any unlawful purpose, and - to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose - if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

Question 3

What you need to prove for Parties to

Answer 3

• The identity of the defendant, and
• an offence has been successfully committed; and
• the elements of the offence (s66(1)) have been satisfied.

Question 4

Innocent Agents

Answer 4

Innocent agents are not regarded as a participant in the offence, they are simply the mechanism. The law treats the offender as the principal in such cases.
An innocent agent cannot be convicted as a secondary party.

Question 5

Establishing involvement of parties

Answer 5

• A reconstruction of the offence committed. This would indicate that more than one person was involved, or that the principal offender had received advice or assistance.
• The principal offender acknowledging or admitting that others were involved in the offence.
• A suspect or witness admitting to providing aid or assistance when interviewed.
• A witness providing you with evidence of another person’s involvement based on their observations.
• Receiving information indicating that others were involved in the offence.

Question 6

Special Relationship (Case Law)

Answer 6

R v Russell:
The court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention, and by giving the encouragement and authority of his presence and approval to his wife’s act he became an aider and abettor and thus a secondary offender.