Parties to offences

Question 1

Act and Section

Answer 1

66 Crimes Act 1961

Question 2

Penalty

Answer 2

Same as if principal offender

Question 3

Must prove

Answer 3

Identity
An offense has been committed
Ingredients of 66 (1) satisfied

Question 4

Case Law

Answer 4

R v Pene
R v Renata
Larkins v Police
Ashton v Police
R v Russell
R v Bets and Ridley               6

Question 5

R v Pene

Answer 5

Intention must exsist
Must be intent to help or encourage
Recklessness not suffice

Question 6

R v Renata

Answer 6

Multiple offenders
Three offenders beat to death
Not necessary to prove which dealt fatal blow

Question 7

Larkins v Police

Answer 7

Actual proof of assistance required

Principal must know, acted with additional confidence

Question 8

Ashton v Police

Answer 8

Legal duty

Teaching person to drive.

Question 9

R v Russell

Answer 9

Special relationship and no intervention

Question 10

R v Betts and Ridley

Answer 10

Common intention

No violence contemplated but subsequently used by one party, other not liable

Question 11

Legislation

Answer 11

Section 66 Crimes Act 1961
Parties to offences
(1)Every one is a party to 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 the offence; or
(d)incites, counsels, or procures any person to commit the offence.
(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.