PARTY TO Flashcards

1
Q

What must be proved for the offence party to

A

The I.D of the defendant

An offence has been committed and

THE elements to a party’s to offence are satisfied

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2
Q

What is the difference between being a party to and an ACCESSORY AFTER THE FACT

A

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

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3
Q

What is the difference between a principal and secondary party

A

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

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4
Q

What are the two methods by which multiple offenders may be considered to be the principal pary

A

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

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5
Q

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

A

R v Betts and Ridley

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