3. Parties - Prosecution Flashcards
Can you convict a secondary party where a principal offender has not been located, charged or convicted?
Must Know
A person is capable of conviction as a secondary party to an offence that has been committed, whether or not police have located, charged or convicted the principal.
Can a secondary be convicted where the prinicipal cannot?
Must Know
Where the principal cannot be convicted due to infancy, insanity or death a secondary party may still be convicted.
Can a party be convicted on the uncorroborated evidence of other parties involved?
Must Know
Where there are two or more persons who are parties to an offence, each is an accomplice of the other and as such can be convicted on uncorroborated evidence of the other party, although it is unwise to do so.
Can another party be convicted where the offence committed by a person of a designated class is acquitted?
Must Know
In cases where an offence is only capable of being committed by a person of a designated class, such as a motor vehicle driver, and where that person has been acquitted of a charge, no other person is able to be convicted as a secondary party.
Can a person be convicted as a secondary party to an offence which he or she could not commit?
Must Know
A person may be convicted as a secondary party to an offence for which he or she could not, themselves, commit. The limitation may be by reason of sex, age, or some other qualification or status and thus they are held to be incapable of actually committing the offence in terms of s66(1)(a). However such a person can be guilty of such an offence as a secondary party, such as a quadriplegic offering advice and information on how to commit a robbery being physically incapable of committing the offence.
Can a person who would have been a party to a completed offence be considered a party to an attempt?
Must Know
- Any person who would have been a party to the completed offence is considered a party to any attempt carried out in circumstances where the
substantive offence was unsuccessful.
When can party, who is not the prinicipal have proceedings against them and be convicted?
Must Know
Every party to an offence (who is not the principal), may be proceeded against and convicted of that offence, either together with the principal or before or after the principal is convicted of the offence.
Can a secondary offender be convicted of a lesser offence than the principal?
Must Know
An accomplice can be convicted of a lesser offence than the one that the principal offender is convicted of. The Court of Appeal, in R v Hartley ruled that in a gang shooting, an accomplice could be convicted of manslaughter and the principal offender could be convicted of murder.
Can a secondary party escape liability?
Must Know
In R v Pink it was found that a secondary party to an offence may escape liability by a timely and effective withdrawal before the commission or attempt of the offence.
Can you be charged as a secondary party for the offence of aggravated robbery?
Must Know
Secondary liability has no application to a charge of aggravated robbery under s235(b). This is because the collective element of being together with any other person or persons displaces s66(1)(a)-(d).
What must you add to the end of a charge for S66(1) CA61?
Must Know
- aid
- abet
- incite
- counsel, or
- procure … (use one or a combination of these words, eg ‘aid and abet’ or ‘counsel and procure’)…the commission of the said offence.”
What must the the prosecutor advise the court of where there is no reference to S66 in the charge?
Must Know
The prosecutor must advise the court that the defendant is charged as a party, before:
* the summary of facts is read out on a guilty plea
* evidence is heard in a judge alone trial.
Outline the penalty for a party in S311(2), where the punishment is not expressly provided?
(2) Every one who incites, counsels, or attempts to procure any person to commit any ]offence, when that offence is not in fact committed, is liable to the same punishment as if he had attempted to commit that offence, unless in respect of any such case a punishment is otherwise expressly provided by this act or by some other enactment.
Provide examples of specific parties-related offences?
Must Know
- s98A Crimes Act 1961 Participation in an organised criminal group
- s6A Summary Offences Act 1981 Associating with violent offenders
- s6B Summary Offences Act 1981 Associating with serious drug offenders.
