Parties To Offfence

Question 1

What does Section 66(2) mean?

Answer 1

Two or more people make a plan and agree to carry it out
All are criminally responsible for all offences carried out by any of the group in executing the plan.
E.g if the plan is to Rob a bank whatever it takes and A kills someone then B is liable for this offence as well.

Question 2

What are the elements of Section 66(2) of the Crimes Act 1961?

Answer 2

Two or more persons form a common intention to execute 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 the offence was known to be a probable consequence of the prosecution of the common purpose

Question 3

What does it mean to Aid?

Answer 3

Help, give assistance in the commission of the offence

E.g. the ‘lookout’ at a burglary

Question 4

What does it mean to Abet?

Answer 4

Encourage or assist

E.g. A gives B a stick to hit C

Question 5

What does it mean to incite?

Answer 5

Urge or stir up

E.g. A yells to B “give him one more for me mate”

Question 6

What does it mean to counsel?

Answer 6

Gives advise, instigates, plans

E.g. Baker wrote a letter to a mate on how to blow a safe. Baker was convicted of blowing the safe.

Question 7

What does it mean to procures?

Answer 7

Obtains, acquires or brings about

E.g. A wants a stereo from C. He asks B to steal it for him.

Question 8

What are the elements of Crimes Act Section 66(1)?

Answer 8

Everyone is a party to an offence who:
Actually commits the offence or
Does or omits an act to aid any person who commits the offence
Abets any person in the commission of the offence or
Incites, counsels or procures a person to commit the offence