Evolution of Offence

Question 1

Section 66 (1)

Answer 1

(a) actually commits offence
(b) omits an act of aiding any person
(c) abets any person
(d) incites, counsels or procures

Question 2

Section 66(2)

Answer 2

2 or more persons form a common intention to prosecute any unlawful purpose and assist each other

each is a party to every offence committed…….. if known to have been a probable consequence

Question 3

Parties - Need to prove

Answer 3

The identity of the defendant
The offence has been successfully comittted
The elements of the offence (s66(1)) have been satisfied

Question 4

R v Renata

Answer 4

Where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal or party in one of the ways contemplated by s66(1)

Question 5

Larkins v Police

Answer 5

While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance

Question 6

R v Betts and Ridley

Answer 6

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 would not be held liable for the violence used

Question 7

R v Russell

Question 8

S66(1)

Answer 8

Actually commit the offence
Do or omit an act to aid the person
Abet any person
Incite, counsel or procure any person to commit