*** Can you be charged for an offence that you did not commit? Criminal Code – Section 7 and Section 8 ***
People are often charged as a party to an offence for being present when another person commits the offence.
To be liable as a party, it is necessary for the prosecution to establish each person’s criminal responsibility by classifying their level of participation, followed by proving there was a ‘common intention’ to commit the offence.
EXAMPLE: if 3 people are present at a place but only 1 person performs an act constituting murder, all persons present may be charged with murder, depending on their level of participation.
A person may be excused where they can raise facts showing they were merely present at the time of the offence and did not participate.
If you are charged with any offence call your lawyer at Russo Lawyers on 1800 558 533
Author: Brendan J Beavon – Solicitor