3. Parties

Question 1

What is the legislation for parties, s66(1)?

Answer 1

1. Every one is a party and guilty of an offence who:
   a. Actually commits the offence; or
   b. Does or omits an act for the purpose of aiding any person to commit the offence; or
   c. Abets any person in the commission of the offence;
   d. Incites, counsels, or procures any person to commit the offence.

Question 2

What must you prove for parties to an offence?

Answer 2

• the identity of the defendant
• an offence has successfully been committed
• the elements of the offence have been satisfied.

Question 3

When must participation have occurred?

Answer 3

participation must have occurred before or during (contemporaneous with) the commission of the offence and before the completion of the offence.

Question 4

What is the case law regarding a party intentionally helping or encouraging?

Answer 4

a party must intentionally help or encourage – it is insufficient if they were reckless as to whether the principal was assisted or encouraged.
- R v Pene

Question 5

What is a principal party?

Answer 5

a person who personally satisfies the actus rea and mens rea requirements of the offence.

Question 6

What is a secondary party?

Answer 6

those people whose assistance, abetment, incitement, counselling or procurement is sufficient to make them also liable due to their participation in the offence committed by the principle.

Question 7

What are the methods by which multiple offenders may be considered as principals?

Answer 7

• Each offender satisfies elements of offence committed – in this instance, each party is independently guilty of the offence and can be charged with it.
• Each offender separately satisfies part of the actus reus – each offender may separately satisfy some part of the reus of the offence where their actions, when combined with the action of the other person, satisfy the complete actus reus requirements of the offence.

Question 8

What is the case law regarding proof for multiple offenders?

Answer 8

the court held that where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal or a party in one of the way contemplated by s66(1).
- R v Renata

Question 9

What is the definition of ‘aids’?

Answer 9

to assist in the commission of the offence, either physically or by giving advice and information.

Question 10

What is the case law regarding proof of assistance?

Answer 10

while it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
- Larkins v Police

Question 11

What is the definition of ‘abets’?

Answer 11

to instigate or encourage, i.e. to urge another person to commit the offence.

Question 12

What is held regarding passive acquiescence?

Answer 12

abetting or encouragement may take the form of passive acquiescence where there is a special relationship between the person and the principal offender or where there is a legal is a duty to act.

Question 13

What is the case law regarding the legal duty of a secondary party?

Answer 13

an example of a secondary party owing a legal duty to a third person or to the general public is a person teaching another person to drive. That person is, in NZ, under a legal duty to take reasonable precautions, because under s156 of the Crimes Act 1961 he is deemed to be in charge of a dangerous thing.
- Ashton v Police

Question 14

What is the case law regarding having a special relationship?

Answer 14

the court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention from so doing, and by giving the encouragement and authority of his presence and approval to his wife’s act he became an aider and abettor and thus a secondary offender.
- R v Russell

Question 15

What is the definition of ‘incites’?

Answer 15

to rouse, stir up, animate, urge or spur on a person to commit the offence.

Question 16

What is the definition of ‘counsels’?

Answer 16

to intentionally instigate the offence by advising a person on how best to commit it, or plan it for another person.

Question 17

What is the definition of ‘procures’?

Answer 17

setting out to see that something happens and taking appropriate steps to ensure it does.

Question 18

What is the legislation for parties, s66(2)?

Answer 18

Where 2 or more persons form a common intention to prosecute any unlawful purpose and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of the offence was known to be a probable consequence of the prosecution of the common purpose.

Question 19

What is the case law regarding common intention?

Answer 19

An offence where no violence was contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.
- R v Betts and Ridley

Question 20

Who decides on points about furthering common aim?

Answer 20

whether a defendant knew that furthering their common aim would probably result in another of the parties committing a particular offence is a question of fact, which the jury must decide.

Question 21

What are two qualifications to be satisfied under the general rule in relation to probable consequence?

Answer 21

• there is no requirement that person A knows or foresees the precise manner in which offence B is to be committed by person B. Person A need only realise that an offence of that type is probable.
• there is no requirement that person A’s foresight of offence B include any appreciation of the consequences of the physical elements of the offence committed (offence B), but for which no mens rea element is required.

Question 22

What are some steps to determine involvement of parties?

Answer 22

• Reconstruction of offence committed
• Principal offender acknowledging or admitting involvement of others
• Suspect or witness admitting to providing aid or assistance
• Witness providing evidence of another person’s involvement
• Receiving info indicating others were involved