CONSPIRACY Flashcards
Define Parties - Section 66 - Crimes Act 1961?
66(1) Everyone is a party to 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
c) Abets any person in the commission of the offence
d) Incites, counsels or procures any person to commit the offence.
Actual proof of assistance is required - Parties to Offences.
Examples of assistance?
- Keeping lookout for someone committing a burglary
- Providing a screwdriver to someone interfering with a motor vehicle
- Telling an associate when a neighbor is away from their home so as to allow the opportunity to commit a burglary.
A Victim has been significantly beaten an as a result died by a group of offenders (3).
Police believe they are each involved but it is not known who actually threw the blow that caused the death.
Identify and describe the case law the Court may refer to when deciding on liability.
R v Renata
- 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 in Section 66 (1).
- Each offender satisfies the ingredients of the offence committed
- Each offender satisfies the actus reus.
What are Secondary Offenders?
Secondary offenders are those who assist in the principal offenders either before or during the commission of an offence are considered secondary offenders and thus their liability generally lies within the scope of Section 66(1)(b)(c) or (d).
Define Police v Larkins?
Whilst it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
The mere commission of an act intended to have that effect is insufficient.
Define Aids?
Assists with the commission of the offence, either physically or by giving advice and information
Define Abets?
Means to instigate or encourage, that is, to urge another person to commit the offence.
Define Incites?
Means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence.
Defines 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’s.
Define Procures?
Is setting out to see that something happens and taking the appropriate steps to ensure that it does.
Provide two examples of Assistance?
- Keeping lookout for someone committing a burglary
- Providing a screwdriver to someone interfering with a motor vehicle
- Telling an associate when a neighbor is away from their home so as to allow the opportunity to commit a burglary.
EXAMPLE:
Two Offenders Bob and Rex make a plan to rob a bank. The plan is that Bob will distract the man in order to grab his bag, whilst Rex waits in the getaway car. As it turns out, Bob actually, has to push the man to grab the bag, and it causes the man to fall over, knock his head and die.
Describe both men’s liability and explain the case law behind int.
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.
What is an innocent agent?
Provide 1 example?
An innocent agent is someone that is unaware of the significance of their actions and cannot be convicted as a secondary party.
For Ex)
A waiter who delivers a glass of wine to a customer, not knowing there is poison in the glass.
A cleaner who is hired to clean a hotel room by a rapist, not knowing that they are destroying the evidence.
A company that is hired to move furniture, that is in fact not the customers at all and is someone’s else’s property (burglary)
You are investigating a series of burglaries that have occurred in Pukekohe.
How might the involvement of parties to the burglaries be established?
- Reconstruction of the scene
- Offenders admissions
- Suspect of witness admitting to providing aid or assistance when interviewed.
- Witness providing information others were involved in the offence based on observations.
- Information received indicating others were involved in the offence
- Other factors such as CCTV results, scene of crime officers locating forensics etc.
Can you successfully withdraw from an agreement in a Conspiracy?
A person withdrawing from the agreement is still guilty of conspiracy as are those who become party to the agreement after it has been made. However, a person can effectively withdraw before the actual agreement is made.
