Parties Case Law

Question 1

R v Renata

Answer 1

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 s66(1)

Question 2

Larkins v Police

Answer 2

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 3

R v Russell

Answer 3

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

Question 4

R v Betts and 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 in it would not be held liable for the violence used.