Accessory/Parties To Case Law

Question 1

R v MANE

Answer 1

To be considered an accessory, the acts done by the person must be after the completion of the offence

Question 2

R v CROOKS

Answer 2

Knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence

Suspicion of involvement is sufficient

Question 3

R v BRIGGS

Answer 3

Knowledge may also be inferred from wilful blindness or deliberate abstention from making further inquiries

Question 4

R v BETTS & RIDLEY

Answer 4

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 on it would not be held liable for the violence used

Question 5

R v RENATA

Answer 5

Where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal or a party in one of the ways contemplated by s.66(1)

Question 6

R v RUSSELL

Answer 6

Deliberate abstention from intervening and giving the encouragement and authority of their presence, equals approval to the principal offender’s acts, they become and aider and abettor and this a secondary offender.

Question 7

LARKINS v POLICE

Answer 7

While it is unnecessary that the principal should be aware that they’re are being assisted, there must be proof of actual assistance.