Parties to offences Flashcards
Penalty
Anyone convicted of being a PARTY TO an offence SUFFERS THE SAME penalty as if they committed the actual offence.
Actually commits offence
Commits the offence
Abets
ENCOURAGE or ASSISTS e.g A gives B a stick t hit C
Incites
URGES on or STIRS up e.g A yells at B to “give em one for me mate”
Counsels
Gives ADVICE, INSTIGATES or PLANS e.g Baker wrote a letter to a friend telling him how to blow a safe. Baker was convicted of actually blowing a safe.
Procures
OBTAINS, ACQUIRES or brings about e.g A wants a stereo from DEKA and asks B to steal it for him
Section 66 (1)
Deals with offences that were ACTUALLY INTENDED
Section 66 (1) This relates to…
Offenders who in HELPING in the commission of an offence, BECOME PARTIES to that offence or ACTUALLY commit the full offence
Ingredients S.66 (1)
a)Actually COMMITS the offence OR b)Does or omits an act to AID any person to commit the offence OR c)ABETS any person in the commission of the offence d)INCITES, COUNSELS, or PROCURES a person to commit the offence
Section 66 (2)
Is directed at offences that were NOT actually intended.
Section 66 (2) This relates to…
The situation where TWO OR MORE people FORM a COMMON INTENTION to commit an offence
Ingredients S.66 (2)
- 2 or more form a COMMON INTENTION to commit an offence
- each is a party to every offence committed by any one of them
- if the commission of that offence was known to be a PROBABLE CONSEQUENCE of the common purpose