Parties to Offences Flashcards
What is Section 66(2) of Parties to Offences?
2 or more persons FORMING A COMMON INTENTION TO COMMIT an offence.
- Each of them is party to EVERY OFFENCE committed by any one of them
- Probable consequence. If all agree they will do what is necessary..
What is Section 66(1) of Parties to Offences?
2 or more persons who ACTUALLY COMMIT an offence by assisting in some way.
a) actually COMMITS
b) does or omits an act to AID any person to commit offence
c) INCITES, COUNSELS OR PROCURES a person to commit offence
What is the penalty for Parties to Offences?
Same penalty as if they committed the offence themselves.
What is the Power of Arrest for Parties to Offences?
Section 315 Crimes Act 1961
What is the definition of:
Aids?
Helps, gives actual assistance in the commission of an offence. (eg. Lookout person)
What is the definition of:
Abets?
Encourages or assists ( A gives B a stick to hit C)
What is the definition of:
Urges on, stirs up eg. Come on! Give em one for me!
What is the definition of:
Counsels?
Gives advice, instigates or plans ( R v Baker) baker wrote letter telling friend how to blow a safe. Baker was convicted not blowing the safe)
What is the definition of:
Procures?
Obtains, acquires or brings about
Eg. A asks B to steal something for him
Explain what the relationship is between abets and aids:
Inciting, counseling and procuring are all forms of abetting and one who ABETS also AIDS
When is Passive Presence sufficient to support a charge?
Where a special relationship exists between parties
Eg. Owner of car sits in passenger seat without protesting against dangerous driving.
What is the difference between Section 66(1) and 66(2) parties to Offences?
Section 66(1) deals with offences that were ACTUALLY INTENDED
EG. Rape- girlfriend assisted by holding
Section 66(2) is directed at offences that we’re NOT ACTUALLY INTENDED.
eg. Jewelry store robbery where caretaker was killed. Lookout man was NOT a party to as it was not discussed about violence.
