Parties TO AN Offence - Summary Criminal Law PDF

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Cases Stewart v R R v Cogan and Leak Schultz v Pettit R v Tyrrell R v Lewis R v Paterson Police v B Attorney General Reference Mitchell Larkins v Police R v Turanga R v Newson

Multiple Principals In some situations, there can be multiple principal offenders. They can either be independent principals, where both parties simultaneously decide to commit the same offence, or Joint principals, where if it is difficult to decide what act actually caused the consequence of the offence, both will be liable as principal offenders. (R v Lewis)

Innocent Agents Offenders may use innocent agents to perpetrate the intended crime. These innocent agents who committed the actus reus cannot be held liable as a party to the offence as they do not have the requisite mens rea. This occurred in R v Paterson. The court interpreted the words in s66(1) – “actually committed the offence” – to include innocent agents by stating a person has not “actually committed the offence” if they lack the mens rea.

Aiding To be a party to an offence the crime has to have actually been committed. (Stewart v R). S66 governs when someone is considered a party to an offence. Under s66(1)(b), a person is liable as a secondary party who “does or omits an act for the purpose of aiding any person to commit the offence”.

Aiding means helping, assisting, or supporting in purporting the crime. There must be some form of actual assistance involved, even if it is not substantial assistance. This assistant does not need to happen at the actual crime scene. (R v Newson). The courts will look at the preliminary planning and the proximity to the crime scene to determine whether the defendant is liable for aiding. (R v Turanga) Mens rea elements are also required to be a secondary party for an offence; 1) The secondary party must intend his or her own conduct to aid or abet the principal in the commission of the offence; and 2) the secondary party must know the nature (the essential matters) of the principal offender’s actions.

Abetting To be a party to an offence the crime has to have actually been committed. (Stewart v R). S66 governs when someone is considered a party to an offence. Under s66(1)(b), a person is liable as a secondary party who “does or omits an act for the purpose of aiding any person to commit the offence”. Abetting means to incite, instigate, or encourage....