Parties to Offences

Criminal law Parties

23 cards   |   Total Attempts: 188
  

Cards In This Set

Front Back
Accessory after the fact
Assists p or secondary P after completion of offence, liability under s72 and 312
Lewis
S 66(1)(a) Can have joint principals where acts combine to give AR and each has requisite MR
Paterson
"Actually commits the offence" inc using an innocent agent to do the AR (but lacks MR/capacity), will be treated as the principal.
Thornton v Mitchell
(bus conductor) doctrine of innocent agency does not apply to conduct crimes
Cogan v Leak
Obiter suggested could be guilty of rape through innocnet agency?
Orchard
Also suggests doctrine of innocent agency does not apply if specify part class of persons. Also difficulty of distinguishing conduct and result crimes, e.g. Paterson breaking and entering?
Larkins v Police
Aiding: assistance must be actual, can be regarded as implicit in stat,but it may be minimal. Seems P doesnt always have to know of presence, however disagreement over ineffectual unknown lookout, convicted on potential?
Turanga
Pyschological support of back up car=aiding
Coney
Abetting: actually doing something w intention of encouraging. Doesnt have to be communicated to principal in prizefight sit etc: enough if by "countenance and conduct" intentionally encourages and P could be aware of the group behaving similarly
Clarkson
Soldiers watching rape. Mere presence is not enough to abet
Schriek
Encouragement should be communicated to the P but doesnt have to actually encourage to abet
Burnard v Police
Inciting is more than mere encouragement
Stewart
Counselling is advising or urging
Blakely v DPP
To procure should cause, but doesnt have to be THE cause, to be infulential is sufficient
Ashton v Police
Aid or abet by omission where under a legal duty to act, have reasonable opportunity to discharge duty and fail to take reasonable steps to do so