Parties To Offences (OF05)

Question 1

Section 66
Crimes Act 1961

Answer 1

Provides prosecution of offenders who:
- Assist with an offence
- Participate or help with offence
- Commit the full offence themselves

Question 2

Section 66 (1)
Crimes Act 1961

Answer 2

• Deals with offences that were actually intended *

Person has actually:

• Commits the offence themselves

• Aids
Physically is involved in helping person commit an offence

• Abets
Assists person to commit offence

• Incites
Stirs up or hypes person to commit offence

• Counsels
Gives advise or plan in committing offence

• Procures
Wants something but asks another party to commit that offence

Question 3

Section 66 (2)
Crimes Act 1961

Answer 3

• Directed at offences that were not actually intended *
• Each person will be guilty of the offence committed by the other in certain circumstances

Question 4

Three requirements for an attempt

Answer 4

Intent (Mens Rea)
Act (Actus Reus)
Proximate (close by)

Question 5

Define ‘Attempts penalty’

Answer 5

Charged penalty for half of the offence committed

Example:
• Burglary penalty = 10 years
• Attempted Burglary = 5 years

Question 6

Define ‘Parties Penalty’

Answer 6

Full penalty given

Question 7

Section 310
Crimes Act 1961

Answer 7

Conspires or plots to commit an offence with another party

Question 8

Section 72 (1)
Crimes Act 1961

Answer 8

• Intended to commit offence and completed it

• Committed to do something to achieve carrying out the offence