Parties

Question 1

s66(1) party to (x4)

Answer 1

• actually commits the offence
• does or omits an act for the purpose of aiding any person to commit the offence
• abets any person in the comission of the offence
• incites, counseld or procures any person to commit the offence

Question 2

Parties must prove

Answer 2

• identity
• offence has been successfully committed
• the element of the offence (s66(1)) have been satisfied

Question 3

R v Pene

Answer 3

A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged.

Question 4

Principal party

Answer 4

liable under S66(1)(a)
- satifies requirements
- actus reus and mens reus of the offence

may be more than one principal party

Question 5

R v Renata

Answer 5

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

Question 6

secondary offender

Answer 6

s66(1)(b),(c),(d)

must be earlier in time or contemporaneous with the acts of principal offender

Question 7

aids

Answer 7

assist in the comission of the offence

Question 8

Larkins v police
assistance

Answer 8

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

Question 9

abets

Answer 9

to instigate or encourage

Question 10

Ashton v police

legal duty

Answer 10

• teach person tondrive
• legal duty to take reasonabke precautions because under S156 of the Crimes Act 1961 he is deemed to be in charge of a dangerous thing

Question 11

R v Russell

Answer 11

The court held that the accussed was morally bound to take active steps to save his children, but deli

Question 12

R v Russell

Special relationship

Answer 12

The court held that the accussed was morally bound to take active steps to save his children, but deliberate abstention from so doing, and by giving the encouragement and authority of his presence to his wifes act he became an aider and abettor and thus a secondary offender

Question 13

Incites

Counsels

Procures

Answer 13

incite- to rouse, stir up, stimulate, animate or spur on a person

counsel- advising a person to commit offence

procures - setting out to see that something and taking the appropriate steps to ensure that it does

Question 14

R v Betts and Ridley

Common Intention

Answer 14

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 violence used

Question 15

66(2)

Answer 15

deals with situations where the people involved are party to the intended offence and a party to any secondary offence committed