Parties to Offences Flashcards
A person can be charged as a party to an offence who?
Actually commits offence
Or
Aids Abets Incites Counsels Procures
Aids means?
Give actual assistance in the commission of offence
e.g. - a lookout or getaway driver.
Abets means?
To encourage or assist
e.g. passes a weapon to someone to complete an assault
Incites means?
To urge on or stir up.
e.g.Shouts out smack him up hard bro.
Counsels means?
To give advice, instigate or plan
e.g this is how to make P, or this is how to blow a safe.
Procures means?
To obtain or bring about.
e.g. Asks someone to steel something for them.
A person can be charged as a party to an offence who?
Actually commits offence
Or
Aids Abets Incites Counsels Procures
Section 66(1) – Deals with offences that were actually intended.
Deals with two or more persons who actually commit an offence by assisting in some way.
Their assistance means they become parties to the offence.
A person can be charged as a party to an offence who:
Actually COMMITS the offence
Does or omits or acts to AID any person to commit the offence
ABETS (encourages or assists) any person in the commission of the offence
INCITES, COUNSELS or PROCURES a person to commit the offence
Section (66)(2) – Is directed at offences that were not actually intended.
Where two or more persons form a COMMON INTENTION to commit an offence and to assist each other.
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.
If convicted what penalty does this offence carry?
If convicted, it carries the same penalty if they committed the actual offence.