S66(1) Parties To Flashcards
(18 cards)
Parties to
Section 66(1) Crimes Act 1961
Everyone who
(a) Actually commits the offence
(b) Does or omits an act for the purpose of aiding any person to commit the offence
(c) Abets any person in the commission of the offence
(d) Incites, counsels or procures a person to commit the offence
Ashton V Police (Legal duty)
An example of a secondary party owning legal duty is a person teaching another to drive. They are deemed in charge of a dangerous thing
What must you prove to charge someone as parties to an offence?
- the IDENTITY of the defendant
- An OFFENCE has been successfully committed
- the Elements of s66(1) have been satisfied
Offence
An act or omission that is punishable on conviction under any enactment
R V Pene
A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged
Act
To take action or do something to bring about a particular result
R V Renata
The court held that where the principal offender cannot be identified, it is sufficient to prove each individual accused must have been either the principal or party in one of the ways contemplated by s66(1).
What is a principal offender?
Someone who commits the offence
What knowledge must the person assisting have?
- An offence has been committed
- the person they are assisting was party (primary or secondary) to the offence
Larkins V Police
While it is unnecessary that the principal offender should be aware that he is being assisted, there must be proof of the actual assistance
What reasons would a person be charged party to murder?
- Intentionally helped or encouraged it OR
- foresaw murder by a Confederate as a real risk in the situation that arose
Define
Aids
Abets
Incite
Counsel
Procures
Aids = does
Abets = instigate, encourage or urge
Incite = arouse/stimulate
Counsels = directs/instigates
Procures = produced
What is a secondary offender?
People who provide assistance, abetment, increment, counselling or procurement to the principal offender
What must you prove for a party to an offence
- ID of suspect
- an offence has been successfully committed
- the elements of section 66(1) have been satisfied
What reasons would a person be charged with party to Manslaughter
- they knew at some stage there was a real risk of killing short of murder
- foresaw a real risk of murder but the killing occurred in circumstances different from those contemplated
- can be expected to have known there was an ever present real risk of killing
R V Russell (morally bound)
Court held that the accused was morally bound to take active steps to save his children. By his deliberate abstention from doing so and by giving encouragement/authority of his presence showing approval of his wife’s actions he therefore became an aid/abettor and thus a secondary offender
How to establish parties involved in an offence
- a reconstruction of the offence committed
- principal offender acknowledges or admits others were involved
- a suspect or witness admitting to providing and or assisting when interviewed
- receiving information indicating others were involved
When does the act of Incites, counsels or procures occur?
These categories are committed BEFORE the offence has been carried out. It does not warrant attendance
