Parties

Question 1

Crimes Act 1961, Section 66(1)

Parties to Offences

Answer 1

Everyone is a party to 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 or
d) Incites, counsels or procures any person to commit the offence

Question 2

Crimes Act 1961, Section 66(2)

Parties to

Answer 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

Question 3

Need to prove. . .

Answer 3

The identity of the defendant and
an offence has been successfully committed and
the elements of the offence (section 66(1)) have been satisfied.

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

Question 4

Intention to help or encourage

Case Law

Answer 4

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

Question 5

2 methods by which Multiple Offenders may be considered principals

Answer 5

• each offender satisfies elements of offence committed
• 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

Question 6

R v Renata

Answer 6

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 7

Larkins v Police

Answer 7

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 8

Aids

Answer 8

Means to assist in the commission of the offence, either physically or by giving advice 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

*It is possible to aid by omission

Question 9

Aid - Principal and Secondary

Answer 9

*It is not always necessary that the principal should be aware they are in fact being assisted by a secondary party.
There is no requirement that the principal(s) agree to said assistance

Question 10

Abets

Answer 10

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

Question 11

Passive Acquiescence

Answer 11

Abetting or encouragement may take the form of passive acquiescence where there is a duty to act.

Merely being present and not doing anything to prevent the offence does not create liability unless, in the circumstances 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

Question 12

Legal Duty - Case Law

Answer 12

Ashton v Police
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 legal duty to take reasonable precautions, because under section 156 of the Crimes Act 1961 he is deemed to be in charge of a dangerous thing

Question 13

Special Relationship - Case Law

Answer 13

R v Russell
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 14

Incites, Counsels & Procures

Answer 14

Take place before the offence is in fact carried out and generally does not warrant the attendance of the inciter, counsellor or procurer at the scene at the time of the incident.

Question 15

Incites

Answer 15

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

Question 16

R v Betts and Ridley
Parties 66(2)

Answer 16

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 17

Jury decide

Answer 17

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

Question 18

Probable Consequence

Answer 18

It will be sufficient where it can be demonstrated that they (person A) knew there was a substantial or real risk or that the offence (offence B) could well happen

Question 19

Two qualifications - probable consequence

Answer 19

There are two qualifications to be satisfied under the general rule in relation to probable consequence
1 - Person A need only realise that an offence of that type is probable
2- No mens rea element is required

Question 20

Murder or Manslaughter?

A person charged as a party to murder will be guilty of

Answer 20

Murder where they

• Intentionally helped or encouraged it, or
• foresaw murder by a confederate, as a real risk in the situation that arose

Manslaughter, where they

• 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 this contemplated, or
• can be expected to have known there was an ever-present real risk of killing

Question 21

Innocent agents

Answer 21

An innocent agent is someone who is unaware of the significance of their actions
An innocent agent cannot be convicted as a secondary party
The innocence of the agent may arise from their youth, a mental deficiency or an ignorance of the facts or some other cause

Question 22

Establishing involvement of parties

Answer 22

• A reconstruction of the offence committed. This would indicate that more than one person was involved, or that the principal offender had received advice or assistance
• the principal offender acknowledging or admitting that others were involved in the offence
• a suspect or witness admitting to providing aid or assistance when interviewed
• A witness providing you with evidence of another person’s involvement based on their observations
• receiving information indicating that others were involved in the offence

Question 23

Secondary party can be convicted

Answer 23

Secondary party can be convicted . . .

• whether or not police have located, charged or convicted the principal
• where Principal cannot be convicted due to infancy, insanity or death
• of an offence they cannot themselves commit
• where the completed offence they would be a party of they can also be party of an attempted offence
• together with the principal or before or after the principal is convicted
• of a lesser offence than the principal was convicted of

Question 24

Secondary party cannot be convicted. . .

Answer 24

• Where charges relate to person of designated class, such as motorvehicle driver and that person is acquitted, no other person can be convicted as secondary party

Question 25

Penalty - Party to

Answer 25

Section 311(2) Crimes Act 1961:
Attempt to Procure Commission of Offence
. . . liable to the same punishment as if he had attempted to commit that offence, unless in respect to any such case a punishment is otherwise expressly provided. . .