Parties Flashcards
*Elements of the offence of parties - S66(1) Crimes Act 1961
S/A
- Everyone who
- Actually commits the offence; or
- Does or omits an act for the purpose of aiding any person to commit the offence; or
- Abets any person in the commission of the offence or
- Incites, counsels, or procures any person to commit the offence.
*S/A What you need to prove
- The identity of the defendant AND
- An offence has been successfully committed AND
- The elements of the offence 66(1) has been satisfied
**When participation must have occured?
S/A
To be considerd a party to an offence, participation must have occured before, or during the commision of the offence and before completion to the offence.
*Intention to help or encourage must exist - 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.
*S/A Multiple offenders R V Renata
Where the principal offender cannot be identified, it is sufficient to prove that one of the accused must have been either the principal or a party in one of the ways described in s66(1).
Eg An offender prepares a poison before handing it to another offender to administer the poison. - both offenders share the same intent
Secondary offenders
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 S66(1)(b),(c) or (d).
** Where the act was part of the original plan eg providing a means of escape - then the person who committed the act would be deemed a principal party
Act
To take action or do something, to bring about a particular result
Omission
The action of excluding or leaving out someone or something, a failure to fulfill a moral or legal obligation
*S/A Actual proof of assistance is required - Larkins v Police
It is unnecessary that the principal be aware that they are being assisted but there must be proof of actual assistance.
*S/A Actual proof of assistance is required - give examples
- Keeping lookout for someone committing a burglary
- Providing a screwdriver to someone interferring with a motorvehicle
- Telling an associate when a neighbour is awayfromt heir home so as to allow the opportunity to commit a burglary
Aids - def
To aid means to assist in the commision of the offence, either physically or by giving advice and information
*Abets- def M/C
Abets means to instigate or encourage, the is to urge another person to commit an offence.
*M/C Incites def
To incite means to rouse, stir up, stimulate, animate, urge or spur on a person to commit an offence
*Councels def
Councels means to intentionally instigate the offence by advising a person on how best commit an offence, or planning the commiision of the offence for another person.
Counselling may also mean urging someone to commit an offence, inwhich it will overlap with incitement
*Procures def
Procurement is setting out to see that something happens and taking the appropriate steps to ensure that it does, Procures requires that the secondary party deliberately causes the principal party to commit the offence,
*Legal duty - Ashton v Police
An example of a secondary party owing a legal duy to a third person or to the general public is a person teaching another person to drive. That person is in NZ, under a legal duty to take reasonable precautions, because under S156 CA 1961 he is deemed to be in charge of a dangerous thing
Legal duty - example
As an army sgt who watches a subordinate assault another person and does nothing to prevent it would be liable as a secondary party to the assault. This is because the sgt has a power of control over the subordinate and a lawful duty to prevent such incidents and intervene
*S/A & M/C Explain party to a secondary offence S66(2)
Two or more people form a common intention to assist each other therein and is a party to every offence committed by any one of them
My explanation
Deals with situations where the people involved are a party to the intended offence and a party to any secondary offence committed in pursuance of the intended offence.
Probable consequence
Whether an outcome is known to be a probable consequence is a subjective appreciation on the part of the offender (Person A), where they must actually foresee the likelihood that their co offender (Person B) will commit another offence (Offence B) when committing the original offence (Offence A)
*R V Betts & Ridley
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.
*An innocent agent
An innocent agent is someone who is unaware of the significance of their actions, they cannot be convicted as a secondary party
*S/A Investigation procedure, the involvement of parties maybe established by?? R.A.P.E.I
- A reconstruction of the offence committed indicating that more than one person was involved, or that the principal offender was assisted.
- Admissions from principal offender that others were involved.
- A suspect or witness admitting to providing aid.
- A witness who observed another person’s involvement.
- Receiving information indicating that others were involved.
R V Russell - Special relationship
Wife jumped in pool with children and drowned them, He failed to render assistance . He was morally bound to take steps to save his children.
By his deliberate abstention from doing so and by giving the encouragement and authority of his presence and approval to his wife’s act he became an aider and abettor and a secondary offender and charged with murder
