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Accessory after the fact
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Assists p or secondary P after completion of offence, liability under s72 and 312
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Lewis
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S 66(1)(a) Can have joint principals where acts combine to give AR and each has requisite MR
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Paterson
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"Actually commits the offence" inc using an innocent agent to do the AR (but lacks MR/capacity), will be treated as the principal.
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Thornton v Mitchell
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(bus conductor) doctrine of innocent agency does not apply to conduct crimes
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Cogan v Leak
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Obiter suggested could be guilty of rape through innocnet agency?
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Orchard
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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?
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Larkins v Police
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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?
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Turanga
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Pyschological support of back up car=aiding
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Coney
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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
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Clarkson
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Soldiers watching rape. Mere presence is not enough to abet
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Schriek
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Encouragement should be communicated to the P but doesnt have to actually encourage to abet
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Burnard v Police
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Inciting is more than mere encouragement
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Stewart
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Counselling is advising or urging
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Blakely v DPP
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To procure should cause, but doesnt have to be THE cause, to be infulential is sufficient
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Ashton v Police
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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
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