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Modules > Association offences (parties) > Flashcards

Association offences (parties) Flashcards

1
Q

What is the act and section for parties to offences?

A

Section 66 Crimes Act 1961

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2
Q

What does Section 66(1) Crimes Act 1961 state?

A

(1) Everyone is a party to and guilty of an offence who
(a) Actually commits the offence
(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 or
(d) Incites, Counsels or procures any person to commit the offence

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3
Q

What does Section 66(2) Crimes Act 1961 state?

A

(2) Where two 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 that offence was known to be a probable consequence of the prosecution of the common purpose

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4
Q

What is the title of Section 70 Crimes Act 1961?

A

Offence committed other than the offence intended

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5
Q

What does Section 70(1) Crimes Act 1961 state?

A

Everyone who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled or suggested

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6
Q

What does Section 70(2) Crimes Act 1961 state?

A

Everyone who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first mentioned person knew to be likely to be committed in consequence thereof.

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7
Q

What do you need to prove in a party to offence?

A

In each case of charging a person with being a party to an offence, you must prove;
- The identity of the defendant, and
- An offence has been successfully committed; and
- The elements of the offence have been satisfied

Where there is more than one offence committed, the elements must be applied to each offence separately.

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8
Q

To be considered a party to an offence, when is participation required?

A

To be considered a party to the offence, participation must have occurred before or during the commission of the offence and before the completion of the offence.

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9
Q

What are they guilty of if they provide assistance after the principal offence?

A

They become an accessory after the fact as they have not actively participated in the offence committed and their liability is not for the original offence committed.

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10
Q

R v Pene - what does it state?

A

A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged.

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11
Q

What distinction is made in the offences?

A

Generally, a distinction is made between the principal party (the person who actually commits the offence) and the secondary party.

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12
Q

What is a principal party?

A

A person will be a principal offender, and liable under S66(1)(a), where he or she personally satisfies the actus reus and mens rea requirements of the offence.

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13
Q

What is a secondary party?

A

A secondary party are those that have assisted, abetted, incited, counselled or procured and are therefore liable due to their participation in the offence committed by the principal.

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14
Q

What is a secondary party liable for?

A

Sections 66(1)(b)(c) & (d)

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15
Q

What is a secondary party not liable for?

A

A secondary party cannot be charged under Section 66(1)(a) because they have not, themselves, committed the offence.

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16
Q

What does Section 66(1)(a) refer to?

A

It refers to situations where there has been actual participation of principal offenders in the offence committed.

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17
Q

What’s an example of a 66(1)(a) offence?

A

Where two people actively assault a third person, each of the offenders is a principal offender to the assault.

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18
Q

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

A

Method 1: Each offender satisfies elements of offence committed
Method 2: Each offender separately satisfies part of the actus reus

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19
Q

What is defined under method 1: Each offender satisfies elements of offence committed

A

Each of the principal offenders may, separately, satisfy the necessary elements of the relevant offence committed, as portrayed where the offenders are independently guilty of an assault. In these circumstances there is no requirement to refer to S66 of the act.

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20
Q

What is defined under method 2: Each offender separately satisfies part of the actus reus?

A

Under S66(1)(a) each offender may separately satisfy some part of the actus reus of the offence where their actions, when combined with the actions of the other person, satisfy the complete actus reus requirement of the offence. Their actions must also be accompanied by the requisite mens rea. These situations are true representations of joint principals working together, in that it is sufficient that each party carries out part of the actus reus and as such can be held liable.

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21
Q

What is an example of method 2?

A

An offender prepares a poison before handing it to the other offender to administer the poison. In this example both offenders share the same intent.

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22
Q

R v Renata - What was held?

A

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 ways contemplated by 66(1)

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23
Q

Who are considered secondary offenders?

A

Those who assist the principal offender(s) either before or during the commission of an offence are considered secondary offenders and thus their liability generally lies within the scope of s66(1)(b)(c) or (d)

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24
Q

To be considered a secondary offender, what must the acts be?

A

Earlier in time or contemporaneous with the acts of the principal offender(s)

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25
Q

What is an example of an act that does not meet the requirement of being a secondary party?

A

Where the act was part of the original planning. e.g. providing a means of escape, then the person who committed this act would be deemed to be a principal party.

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26
Q

What can a person NOT be convicted as a party for?

A

An offence that is already complete - in such a case they would be liable as an accessory.

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27
Q

For “Does or omits an act” what does the secondary party not need to be?

A

They do not necessarily have to be present when the offence is committed. e.g. a person who supplies a key or deliberately leaves a door unlocked for a burglar is still a party although they are not present

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28
Q

What does “Aid” mean?

A

To aid means to assist in the commission of the offence, either phyiscally or by giving advise and information. In order to aid, the presence of the person offering the aid is not required at the scene, before, or at the time of the offence being committed.

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29
Q

What was affirmed in R v Turanga?

A

That presence at the scene is not a requirement for any form of secondary participation.

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30
Q

What is the central question when looking at “aids” ?

A

Whether the accused did in fact help the principal party.

31
Q

To charge under “aids” what is not always necessary?

A

That the principal(s) should be aware that they are in fact being assisted by a secondary party, provided the principal is in fact assisted in some way by the actions of the secondary party.

32
Q

What is not required under a charge with “aids” ?

A

That the principal(s) agree to said assistance for a conviction to be recorded.

33
Q

Larkins v Police - What is stated?

A

While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.

34
Q

What are examples of assistance?

A
  • Keeping lookout for someone committing a burglary
  • Providing a screwdriver to someone interfering with a motor vehicle
  • Telling an associate when a neighbour is away from their home so as to allow the opportunity to commit a burglary
35
Q

Is it possible to aid by omission?

A

It is possible to aid by omission. Liability for aiding by omission will arise where, A, who has a legal duty to act and a right or power of control over B, fails to observe or discharge the duty by exercising that control to prevent B committing an offence.

36
Q

What is the definition of “abets”

A

Abets means to instigate or encourage; that is, to urge another person to commit the offence. As with aiding, the presence of the abettor at the scene of the offence at the time of its commission is not required.

37
Q

What is an example of abets?

A

A woman discovers her wife with another person. A fight breaks out between the woman and the other person to kill her wife

38
Q

Will passive acquiescence amount to abetting?

A

Abetting or encouragement may take the form of passive acquiescence where there is a duty to act. Merely being present at the scene of an offence and witnessing the offence while doing nothing to prevent it does not create liability on the part of that person unless there is a special relationship between that person and the principal offender or where they owe a legal duty to the victim or the general public.

39
Q

What is the special relationship in passive acquiescence dependant on?

A

It is dependant on the person who would be a secondary party having a legal duty to act and a right or power of control over the principal offender.

40
Q

Ashton v Police - what does it state?

A

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 New Zealand, under a legal duty to take reasonable precautions, because under s156 of the Crimes Act he is deemed to be in charge of a dangerous thing

41
Q

What is an example of a legal duty?

A

An army sergeant who watches as a subordinate assaults another person and does nothing to prevent it would be liable as a secondary party to the assault. This is because the sergeant has a power of control over the subordinate and a lawful duty to prevent such incidents and intervene.

42
Q

R v Russell - what does it hold?

A

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 wifes act he became an aider and abettor and thus a secondary offender.

43
Q

Where there is a special relationship and no intervention, what might this amount to?

A

Where there is a special relationship and no intervention on the part of the eprson who would be a party, then this might amount to approval and encouragement of the principal offenders actions.

44
Q

When does “inciting” “counselling” or “procuring” take place?

A

They take place before the offence is carried out, and generally does not warrant the attendance of the inciter, counsellor or procurer at the scene, at the time of the incident. However such a persons involvement may continue on to a point where they are in fact present at the scene of the incident.

45
Q

What is the definition of “incites” ?

A

To incite means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence. e.g. a sports fan spurs on another fan to assault a protester and yells approval while the offence takes place.

46
Q

What is the definition of “counsels”?

A

Counsels means to intentionally instigate the offence by advising a person on how best to commit an offence, or planning the commission of an offence for another person(s). Counselling may also mean “urging someone to commit an offence” in which case it will overlap with incitement.

47
Q

What is not necessary for someone to be included in the definition of counsellor?

A

It is not necessary that the counsellor knows the clear detail in respect of the offence to be committed. It is sufficient that they know that an offence of that kind was intended.
There is no need for the person offering advice or assistance to be completely familiar with the offence intended.

48
Q

What is sufficient to be charged as a counsellor?

A

It is sufficient for the person to know that a robbery is to be committed; they need not know the actual target address nor the details of the intended victim.

49
Q

What is an example of counselling?

A

A letter, authored by another party and instructing on how to blow a safe, was found in the possession of two offenders, at the scene of a commercial burglary. The letter writer was charged as a party, despite the fact he was not aware of the time, manner or place to be burgled.

50
Q

What is the definition of “Procures”?

A

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

51
Q

What does “Procures” require?

A

It requires that the secondary party deliberately causes the principle party to commit the offence. It requires a stronger connection between the secondary party and the commission of the offence than is evidenced in aiding, abetting or inciting.

52
Q

How may procurement be carried out?

A

By fraud, persuasion, words or conduct, such as an offer of payment

53
Q

What is an example of procurement?

A

A woman obtains the services of a hit man to kill her husband and offers money or sexual services to him as payment.

54
Q

Section 66(2) Crimes act 1961

A

Parties to a secondary offence

55
Q

What is stated in Section 66(2) CA 61?

A

Where two 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 that offence was known to be a probable consequence of the prosecution of the common purpose.

56
Q

What is an example of a common intention?

A

A robbery, all who entered into the agreement to commit the robbery can be charged as parties to that offence.

57
Q

What else can they be charged with if they formed the common intention. to commit the robbery? (parties to)

A

They can also be charged as parties to any other offence that any one of them commits in order to assist in the commission of the offence originally agreed to, provided that the other offence is known to be a probable consequence of the prosecution of their common purpose.

58
Q

What does a party to a secondary offence extend to?

A

It extends to include any unusual consequences that arise from pursuing the jointly intended offence.

59
Q

When are you not liable as a party to a secondary offence?

A

Where one of the offenders goes beyound what was agreed then the other(s) is not liable for the consequences of the unauthorised act.

60
Q

What is an example of being party to a secondary offence?

A

Where a person is a party to an agreed act with violence and the principal offender in carrying out the common aim does an act causing death, the secondary party is equally responsible in law for such violence.

61
Q

R v Betts and Ridley - What was stated?

A

An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physically part in it would not be held liable for the violence used.

62
Q

Whether the secondary offence is something the defendant should have known would be a result of the commission of that offence is a question of?

A

Fact, on which the jury must decide.

63
Q

How to determine whether an outcome is known to be a probable consequence?

A

Whether an outcome is known to be a probably consequence is a subjective appreciation on the part of the offender, where they must actually foresee the likelihood that their co-offender will commit another offence when committing the original offence agreed by both parties.

64
Q

What does the subjective test for a probable consequence not require?

A

it does not require them to think that the commission of the offence is more likely than not. It will be sufficient where it can be demonstrated that they knew there was a substantial or real risk or that the offence could well happen.

65
Q

When will the mens rea be insufficient for a probable consequence?

A

Where the person thinks the risk of the offence being committed by their co-offender is negligible or only remotely possible then the mens rea required on their part will be lacking.

66
Q

What is the first qualification that needs to be satisfied under the general rule in relation to probable consequence?

A

There is no requirement that they knows or foresees the precise manner in which the offence is to be committed. They only need to know that an offence of that type is probable.

67
Q

What is the second qualification that needs to be satisfied under the general rule in relation to probable consequence?

A

Foresight that the offence would occur does not need to include any appreciation of the physical elements of the offence committed - no mens rea requirement.

68
Q

A person charged as a party to murder will be guilty of murder, where they:

A
  • Intentionally helped or encouraged it, or
  • Foresaw murder by a confederate as a real risk in the situation that arose
69
Q

A person charged as a party to murder will be guilty of manslaughter, where they:

A
  • Knew that at some stage there was a real risk of killing short of murder, or
  • Foresaw a real risk of murder, but the killing occurred in circumstances different from those contemplated, or
  • Can be expected to have known there was an ever-present real risk of killing
70
Q

What is an innocent agent?

A

An innocent agent is someone who is unaware of the significance of their actions and is used by the offenders.

71
Q

Can an innocent agent be charged?

A

An innocent agent is not regarded as a participant in the offence, they are simply the mechanism. The law treats the offender as the principal in such cases.

An innocent agent cannot be charged as a secondary party

72
Q

What is an example of an innocent agent?

A

An offender prepares a poison and puts it in a wine glass before handing it to a waiter for it to be given to the intended victim. Despite it being the waiter who gives the victim the poison, it is the offender who is responsible for the offence committed.

73
Q
A

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