Parties to Offences

Question 1

Define the six elements contained in Section 66(1) that make a person a party to an offence:

Answer 1

Actually COMMITS the offence:
Commits the offence

AIDS:
Helps; give actual assistance (lookout on a burglary)

ABETS:
Encourages or assists (A gives B a stick to hit C)

INCITES:
Urges on or stirs up (A yells at B “give ‘em one for me”

COUNSELS:
Gives advise, instigates or plans (telling them how to…)

PROCURES:
Obtains, acquires or brings about (A asks B to steal for him)

Question 2

Outline the ingredients of Section 66(2) as they relate to criminal responsibility of parties to an offence:

Answer 2

Two or more form a COMMON INTENTION to prosecute an unlawful purpose and assist each other therein.

Each 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

Outline what you must include in the wording when charging someone as a party to an offence:

Answer 3

Add ‘and section 66(1)’ to the end of the actual offence
Add appropriate wording: ‘Was party to the…
… aided in the commission of the said offence’.

and 66(2)
(no additions are made to the charge)

Question 4

What is the difference between Section 66(1) & 66(2)?

Answer 4

66(1):
Deals with offences that were ACTUALLY INTENDED.

66(2):
Is directed at offences that we NOT actually intended.