Parties

Question 1

Parties to offences liability

Answer 1

s66 CA 1961

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

Offence committed other than offence intended

Answer 2

s70 CA 1961
(1) every one who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to the offence, although it may be committed in a way different from that which was incited, counselled, or suggested.

Question 3

What must we prove

Answer 3

identity of the defendant, and
an offence has actually been committed, and
the elements of the offence s66(1) have been satisfied.

Question 4

R v Pene

Answer 4

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

Principal vs secondary party

Answer 5

Principal: s 66(1)(a) - satisfied actus reus and mens rea of the offence

Secondary: 66(1)(b),(c), or (d) - those who’s assistance, abetment, incitement, counselling, or procurement make them liable due to their participation in the offence committed by the principal

Question 6

There are two methods by which multiple offenders may be considered to be principals:

Answer 6

Method 1: each offender satisfies elements of offence committed
method two: each offender separately satisfies part of the actus reus

Question 7

R v Renata

Answer 7

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 8

Aids definition

Answer 8

assist in the commission of an offence either physically, or giving advice or information

no requirement that the principal agreed to said assistance

Question 9

Larkins v Police

Answer 9

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

Question 10

Abets definition

Answer 10

to instigate or encourage, to urges another person to commit the offence

the presence of an abettor at the scene of the offence at the time of its commission is not required

Question 11

Ashton v Police

Answer 11

An example of a secondary party owing a legal duty to a third person or to the general public is a person teaching another to drive. that person is, in new zealand, under legal duty to take reasonable precautions, because he is deemed in charge of a dangerous thing

Question 12

R v Russell

Answer 12

The court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention from doing so, and by giving the encouragement and authority of his presence and approval to his wifes act he became and aider and abettor and thus a secondary offender

Question 13

Incites, counsels, procures (when does it happen)

Answer 13

take place before the offence is carried out
generally does not warrant the attendance of the incitor

Question 14

Incites definition

Answer 14

rouse, stir up, timulate, animate, urge a person to commit an offence

Question 15

Counsels definition

Answer 15

intentionally instigate the offence by advisign a person on how to best commit an offence

Question 16

Procures definition

Answer 16

setting out to see that something happens

Question 17

Procures requirement

Answer 17

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

requires a stronger connection between secondary party and commission of offence than is evidenced by aiding, abetting, or inciting

Question 18

Parties to secondary offence liability

Answer 18

s66(2)
where two or more persons form a common intention to prosecute any unlawful purpose, and assist each other therein, each of them is party to every offence committed by 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 19

Two qualifications to be satisfied in relation to probable consequence:

Answer 19

Qualification1: no requirement that person A knows or forsees the precise manner in which offence B is committed by person B (need only realise that an offence of that type is probably)

Qual B: no requirement that person As foresigh of offence b include any appreciation of the consequences of the physical elements of the offence 9offence B) committed

Question 20

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

Answer 20

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

Question 21

A person charged as a party to murder will be guilty of manslaughter where they:

Answer 21

• new at some stage there was a real risk of killing short or murder, or
  -foresaw a real risk of murder, but the killing occurred in circumstances different from those contemplated, or
• can be expected to have known that there was an ever-present rosk of killing

Question 22

Difference between 66(1) and 66(2)6

Answer 22

66(1): situations where people are party to the intended offence

66(2): situations where people are party to the intended offence and party to any secondary offence committed in pursuance of the intended offence.