Evolution of Offrnce - Deck 3: Parties & Accessory After the Fact.

Which section governs parties to offences?

S66 Crimes Act 1961.

What are the four categories in s66(1)?

Actually commits, aids, abets, incites/counsels/procures.

Who is a principal offender?

Someone who personally satisfies actus reus and mens rea.

Who is a secondary party?

Someone who assists or encourages the principal.

When must participation occur?

Before or during the offence.

What mens rea is required for secondary participation?

Intention.

What must a secondary party intend?

Their own actions and assistance of the principal.

What is aiding?

Providing assistance, advice or information.

What is required by Larkins v Police?

Proof of actual assistance.

Is presence required for aiding?

No.

Can aiding occur by omission?

Yes, where a legal duty exists.

What is abetting?

Instigating or encouraging an offence.

Can mere presence amount to abetting?

No.

What is inciting?

Urging, stimulating or spurring another to offend.

What is counselling?

Advising or planning how an offence should be committed.

What is procuring?

Deliberately causing another person to commit an offence.

What did R v Renata establish?

Liability can exist even where the actual principal is unknown.

What is common intention under s66(2)?

An unlawful purpose pursued together.

What is meant by probable consequence?

A substantial or real risk that another offence could well happen.

What did R v Betts and Ridley establish?

Parties are liable for foreseeable offences committed in pursuit of the common purpose.

What is an innocent agent?

A person unaware of the significance of their actions.

Can an innocent agent be convicted?

No.

How can a secondary party withdraw?

Notice, unequivocal withdrawal, communication and reasonable steps to undo assistance.

Which section governs accessory after the fact?

S71 Crimes Act 1961.

What is an accessory after the fact?

Someone who assists an offender after completion of an offence.

What mens rea is required?

Knowledge the offender was a party to an offence.

What acts create accessory liability?

Receiving, comforting, assisting, tampering with evidence or suppressing evidence.

When must accessory conduct occur?

After the offence is complete.

What did R v Mane establish?

Accessory conduct must occur after completion of the offence.

What did R v Crooks establish?

Knowledge means actual knowledge or no real doubt.

What did R v Briggs establish?

Knowledge may be inferred through wilful blindness.

What are the five acts in s71?

Receive, comfort, assist, tamper with evidence, actively suppress evidence.

What does receiving mean?

Harbouring or sheltering an offender.

What does comforting mean?

Providing food, clothing or shelter.

What does assisting mean?

Providing aid, information, transport or services.

What does tampering with evidence mean?

Altering evidence.

What does actively suppressing evidence mean?

Concealing or destroying evidence.

What intent must an accessory have?

To enable escape after arrest, avoid arrest or avoid conviction.

Is helping someone enough by itself?

No.

What did Reddy v R establish?

The evidence need only be capable of being evidence.

What is the key difference between a party and an accessory?

A party acts before/during the offence; an accessory acts afterward.

What are the elements of accessory after the fact?

Knowledge, assistance/tampering/suppression, and intent to avoid justice.

Can a person be convicted as an accessory if the principal is acquitted?

Potentially yes, unless inconsistent with the acquittal.

What does wilful blindness mean for accessories?

Deliberately avoiding confirming what is believed to be true.

How is harbouring an offender classified?

Receiving and/or comforting.

How is hiding evidence classified?

Actively suppressing evidence.

How is altering evidence classified?

Tampering with evidence.

Can destroying evidence make someone an accessory?

Yes.

Can providing a false alibi make someone an accessory?

Yes.