Case Law Parties

Question 1

R v Pene

Answer 1

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

Question 2

R v Renata

Answer 2

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 s66(1).

Question 3

Larkins v Police

Answer 3

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

Question 4

Ashton v Police

Answer 4

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 1961 he is deemed to be in charge of a dangerous thing.

Question 5

R v Russell

Answer 5

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.

Question 6

R v Betts and Ridley

Answer 6

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.