Parties

Question 1

What is section 66 CA61 Parties

Answer 1

(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

(2) Where two or more people 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 it was known to be a probable consequence of the prosecution of the common purpose.

Question 2

What is section 66 CA61 Parties

Answer 2

(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

(2) Where two or more people 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 it was known to be a probable consequence of the prosecution of the common purpose.

Question 3

What must be proved for parties to an offence

Answer 3

• The identity of the defendant
• The offence has been successfully completed.
• The elements of 66(1) have been satisfied.

Question 4

When must participation have occurred in relation to parties to an offence

Answer 4

It must have occurred before or during the commission of the offence and before completion. Anything after is being an accessory after the fact.

Question 5

Intention to help or encourage must exist. Define case law R v PENE

Answer 5

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

Question 6

What is the difference between the principal and secondary offenders

Answer 6

The principal is the person who actually commits the offence and relates to section 66(1)(a). The secondary is anyone who aids, abets, assists, incits, the principal to the offence and relates to section 66(1)(b)(c)(d).

There maybe sometimes more then one principal offender.

Question 7

What is the difference between the principal and secondary offenders

Answer 7

The principal is the person who actually commits the offence and relates to section 66(1)(a). The secondary is anyone who aids, abets, assists, incits, the principal to the offence and relates to section 66(1)(b)(c)(d).

There maybe sometimes more then one principal offender.

Question 8

Multiple offenders - Outline the two methods by which multiple offenders maybe considered the principals

Answer 8

Method 1
Each offender satisfies the elements of the offence committed. IE Two people actively assault a third.

Method two
Each offender separately satisfies parts of the the actus reus. IE One person makes a poison, and the other administers it. Tjhey both share the same intent.

Question 9

R v Renata (Principal)

Answer 9

The court held that where the principal offender cannot be identified. IT is sufficient to prove that each individual must have been either the pricipal or a party in one of the ways contemplated by S66(1)

Question 10

Does a secondary offender need to be present in relation to parties to an offence

Answer 10

No, their actions may include providing a key or deliberately ;eaving a door unlocked for his associates is parties to an offence even when they are not present at the scene when the burglary committed.

Question 11

Define the term Aids and discuss case law.

Answer 11

To aid means to assist in the commission of an offence., either physically or by giving advise and information. the person need no be present.

Larkins v Police
While it is unnecassary that the principal should be aware that they are being assisted, there must be proof of actual assistance.

Question 12

What are some examples of assisting an offender

Answer 12

• Keeping a lookout for someone committing a burg
• Providing a scrw driver to someone in terferring with a MV
• telling an associate when their neighbour is away from their home so as to allow the oppotunity to commit a burg

Question 13

What does the term Abets mean

Answer 13

Means to instigate or encourage. That is , to urge another person to commit the offence

Question 14

Discuss the legal duty of a person when in relations to parties to an offence. and case law

Answer 14

a person who was merely present during the commission of the offence can not be held criminally liable unless they have a legal duty to act

Ashton v Police
An example of a secondary party owing legal duty to a third person or to the general public is a person teaching another to drive. That person is, in NZ, under a legal duty to take reasonable precautions, because he is deemed to be in charge of a dangerous thing.

Question 15

Discuss a special relationship and its case law in relation to parties to an offence.

Answer 15

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

R v RUSSELL
The court held that the accussed was morally bound to take active steps to save his children, but by his deliberate abstance from doing so, and by giving encouragement by his presence to and approval to his wifes actions he became and aider and abettor and thus a secondary offender.

Question 16

Discuss incites

Answer 16

To arouse or stir something up.

Question 17

Discuss counsels

Answer 17

Means to intentionally instigate the offence

Question 18

Discuss procures

Answer 18

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

It basically mean that the secondary party deliberately cause the principal party to commit the offence. Ie hitman

Question 19

Discuss Section 66(2)

Answer 19

Where two or more people form a common intention to commit an offence together, can be charged with parties to that offence

They can also be charged to parties to any other offence that arises during the original offence if the new offence was a probable consequence of committing the original offence.

Question 20

R v Betts and Ridley

Answer 20

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

Question 21

Discuss some investigation techniques when trying to establish parties to an offence (5)

Answer 21

1 - A reconstruction of the offence committed. This would indicate the number of people involved or that the principal received advised and assistance.
2 - The principal offender acknowledgng or admiting that others were involved in the offence.
3 - A suspect or witness admitting to provideing advise or assistance when interviewed.
4 - A witness providing evidence that others were involved based on their observations when they are interviewed.
5 - Receiving information indicating that others were involved in the offence.

Question 22

In what circumstances does a person become liable as a party to an offence under Section 66(1) CA61

Answer 22

(a) Actually committed the offence
(b) Do or omitted an act for the purpose of aiding any person to commit the act.
(c) - Abet any person in committing the act
(d) Incited, counselled procured any person to commit the offence.

Question 23

What is the distinction between “aiding and abetting” and “inciting, counselling and procuring”?

Answer 23

The term aiding and abetting requires the aider or abettor to be present at the scene before or at the time of the offence. Inciting, counselling or procuring describes the actions taken before the offence is carried out.

Question 24

What was held in the case R v Russell?

Answer 24

This case law relates to being a party to an offence when there is a special relationship.

“The court held that the defendant was morally bound to save his children, but by his deliberate omission from doing so, and by giving encouragement and authority by his presence and approval to his wives act, he became an aider and abettor and thus a secondary offender.”

Basically the defendant who had an arguement with his wife. she then grabbed the kids and jumped in a swimming pool in front of the defendant and drowned herself and the children. He did nothing to stop this but was morally bound to stop this from happening.

Question 25

Define a party to an offence

Answer 25

To be considered a party to the offence, participation must be before or during (contemporaneous) the commission of the offence and before its completion. They do not have to be physically present.