Parties Flashcards
Parties to Offences
S66(1) CA1961
(1) Every one 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.
Parties to Offences
S66(2) CA1961
(2) Where two or more persons…
S66(2) CA61
Where 2 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.
Parties to offences - S70(1) and (2)
Legislation
70 Offence committed other than offence intended
(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 that offence, although it may be committed in a way different from that which was incited, counselled, or suggested.
(2) Every one who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knew to be likely to be committed in consequence thereof.
Parties
What you must prove
- The identity of the defendant, and
- an offence has been successfully committed; and
- the elements of the offence (s66(1)) have been satisfied.
When participation must have occurred
To be considered a party to the offence, participation must have occurred before or during (contemporaneous with) the commission of the offence and before the completion of the offence.
Caselaw:
R v Pene
(Intentionally help)
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.
Caselaw:
R v Renata
(Principal offender)
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 by s66(1).
Caselaw:
Larkins v Police
(Actual proof of assistance) + examples
Larkins v Police
While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
- Keeping lookout for someone committing a burglary.
- Providing a screwdriver to someone interfering with a motor vehicle.
- Telling an associate when a neighbour is away from their home so as to allow the opportunity to commit a burglary.
Caselaw:
Ashton v Police
(Legal Duty)
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 a legal duty to take reasonable precautions, because under s156 of the Crimes Act 1961 he is deemed to be in charge of a dangerous thing.
Caselaw:
R v Russell
(Special Relationship)
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.
Caselaw:
R v Betts and Ridley
(No violence is contemplated)
R v Betts and 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.
What is the difference between a principal offender and a secondary offender in ‘parties to’ offences?
Principal offender:
* Liable under 66(1)(a) where they personally satisfy the actus reus and the mens rea requirements of the offence
* Actual participation in the offence committed has occurred
* There may be more than one offender identified as a principal offender.
Secondary offender:
People whose assistance/abetment/incitement/counselling/procurement is sufficient under S66(1)(b-d). This is despite the fact that the secondary party does not themselves commit that offence.
Definition: Act
Act: To take action or do something, to bring about a particular result.
Definition: Omission
Omission: the action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.
Definition: Aid
To assist in the commission of the offence, either physically or by giving advice and information.
Example: Acting as a lookout during a burglary.
