Parties to Offences

Question 1

Section 66

Answer 1

Crimes Act 1961, Section 66 provides for the prosecution of offenders who :

• Assist in a variety of ways, with an offence, or
• while participating or helping with the offence, commit the full offence themselves

Question 2

Section 66(1)

Answer 2

Section 66(1) - Everyone is a party to, and guilty of, an offence who :

• actually commits the offence, or
• does or omits an act to aid any person to commit the offence or,
• abets any person in the commission of the offence, or
• incites, counsels or procures a person to commit the offence.

Question 3

Actually commits the offence

Answer 3

Commits the offence

Question 4

Aids

Answer 4

Helps; gives actual assistance in the commission of the offence

Question 5

Abets

Answer 5

Encourages or assists

Question 6

Incites

Answer 6

Urges on or stirs up

Question 7

Counsels

Answer 7

Gives advice, instigates or plans

Question 8

Procures

Answer 8

Obtains, acquires or brings about

Question 9

Section 66(2)

Answer 9

Section 66(2) - Where two or persons form a common intention to prosecute any unlawful purpose 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 the offence was known to be a probable consequence of the prosecution of the common purpose

Question 10

Common Intention

Answer 10

Two or more people formulate a plan; all agree to carry out the plan

Question 11

Every Offence

Answer 11

All are criminally responsible for all offences committed by any of the group, even if they don’t do the physical act themselves

Question 12

Probable consequence

Answer 12

If all agree to do whatever is necessary to achieve their goal, then if someone kills someone while committing the actual offence, that can be labelled as being a probable consequence, as they all agreed to do anything to achieve their purpose

Question 13

Difference between 66(1) and 66(2)

Answer 13

Section 66(1) deals with offences that were actually intended.
Section 66(2) is directed at offence that were not actually intended.