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14 Cards in this Set
- Front
- Back
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What is party ? |
A party to an offence is any person involved at any stage or all stages of preparing for , attempting, or actually committing an offence. This includes a person who incited or counsels another to commit the offence. |
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66(1) ca 61 is: |
1) everyone is a party to and guilty of an offence who- A) actually commits he offence or B) does or admits an act for the purpose of aiding any person to commit an offence or C) abets any person in the commission of the offence or D) incites counsels or procures any person to commit the offence. |
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What you need to prove: |
▫️The identity of the defendant ▫️an offence has been successfully committed and ▫️the ingredients of the offence have been satisfied. |
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What are the 2 methods used to consider multiple offenders ? |
Method 1: Each offender satisfies ingredient of offence committed.
Method 2: Each offender separately satisfies part of the actus reus |
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A secondary offender is ? |
Those who assist the principle offender either before or during the commission of the offence. |
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To aid means : |
To assist in the commission of he offence. |
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Larkins v Police |
While it is necessary that the principle should be swear that he or she is being assisted there must be proof of actual assistance.... |
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Abets is : |
To instigate or encourage, that is to urge another to commit the offence. |
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Ashton v Police |
An example of a secondary party owning legal duty to a third person or to the general public is a person teaching another person to drive. ... In charge of a dangerous thing. |
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Incites is : |
To incite means to rouse, to stir up, stimulate, animate, urge or spur on a person to commit he offence. |
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Counsels is : |
Counsels means to intentionally instigate he offence by advising a person/ s on how to best commit an offence or planning he commission of an offence with another. |
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Procures means : |
Procurement is setting out to see that something happens and taking he appropriate steps to ensure that it does. |
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Innocent agent is ? |
Someone who is unaware of the significances of there actions. They can NOT be charged. |
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Penalties under what section ? |
S 311 crimes act 1961. |
