PARTY TO Flashcards
What must be proved for the offence party to
The I.D of the defendant
An offence has been committed and
THE elements to a party’s to offence are satisfied
What is the difference between being a party to and an ACCESSORY AFTER THE FACT
Party’s to - participation must have occurred before or during the offence and before the said offence is completed
Accessory- the person provides assistance after the said offence
What is the difference between a principal and secondary party
Principal - actually carries out the said offence, can be more than one principal offender
Secondary - their assistance antes, aids, incites, counsels or procures the offence committed by the principal party, despite the fact they did not commit the offence themselves
What are the two methods by which multiple offenders may be considered to be the principal pary
Each offender satisfies the elements of the offence committed - two offenders assault another person together
Rach offender satisfies part of the ACTUS REUS - one person prepares the poison the other administers the fatal poison to the victim
An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used
Case law
R v Betts and Ridley