Associations Offences - Parties to

Question 1

Act, Section, Elements of Parties to Offences

Answer 1

Parties to Offences Section 66 (1) (a - d) CA1961
(1) Everyone is a party to and guilty of an offence who -
(a) Actually commit 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; or
(d) Incites, counsels, or procures any person to commit the offence.

Question 2

What do you need to prove for parties to 66(1)?

Answer 2

• The identity of the defendant
• An offence has been successfully committed
• The elements of the parties to offence (66(1)) have been satisfied.

Question 3

What is R v Pene

Answer 3

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

Question 4

What is R v Renata

Answer 4

Three offenders beat the victim to death in the car park of a tavern. The prosecution was unable to establish which blow was the fatal one or which of the 3 offenders administered it.

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 Section 66(1)

Question 5

What is Larkins v Police

Answer 5

It is not necessary that the principal knows they are being assisted however, there must be proof of actual assistance.

Question 6

Define Aids

Answer 6

Aids means to assist, either physically or by giving advise and information.

Question 7

Define Abets

Answer 7

Abets means to instigate or encourage.

Question 8

What is Ashton v Police

Answer 8

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 he is deemed to be in charge of a dangerous thing.

Question 9

R v Russell

Answer 9

The court held that the accused was morally bound to take active steps to save his children, by this deliberate inaction, and by giving the encouragement and authority of his presence and approval to his wife act he became an aider and abettor and thus a secondary offender.

Question 10

R v Betts and Ridley

Answer 10

An offence where no violence is 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.

Question 11

Probable Consequence Qualifications

Answer 11

1. No requirement that person ‘A’ knows of foresees the precise manner in which a secondary offence may be committed by person ‘B’, ‘A’ only needs to realise that an offence of that type is probable.
2. There is no requirement that ‘A’s foresight of the secondary offence includes any appreciation of the consequences of the physical elements of the offence,

Question 12

Define Incite

Answer 12

To rouse, stir up, stimulate, animate, urge or spur on a person

Question 13

Define Counsels

Answer 13

advising a person, or planning the commission of an offence for another person.

Question 14

Define Procures

Answer 14

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

procures requires that the secondary party deliberately causes the principal party to commit the offence.