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ASSOCIATION 89 > PARTIES > Flashcards

PARTIES Flashcards

1
Q

Liability: s66(1)(a) CA61

A

Parties to Offences s66(1)(a) CA61

Everyone is a party to and guilty of an offence who:

  • Actually commits the offence
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2
Q

Liability: s66(1)(b) CA61

A

Parties to Offences s66(1)(b) CA61

Everyone is a party to and guilty of an offence who:

Does/omits an act
For purpose of aiding
Any person
To commit the offence

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3
Q

Liability: s66(1)(c) CA61

A

Parties to Offences s66(1)(c) CA61

Everyone is a party to and guilty of an offence who:

Abets
Any person
In the commission of the offence

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4
Q

Liability: s66(1)(d) CA61

A

Parties to Offences s66(1)(d) CA61

Everyone is a party to and guilty of an offence who:

Incites, counsels, or procures
Any person
To commit the offence

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5
Q

Liability: Parties to Offence s66(2) CA61

A

Parties to Offence s66(2) CA61

2 or more persons
Form a common intention
To prosecute any unlawful purpose
And to assist each other therein
Each is party to every offence committed by any one of them
If the offence was a probable consequence

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6
Q

When charging the accused as a PARTY, is it necessary that the underlying offence was complete

A

Yes. An offence must have been successfully committed

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7
Q

To be a PARTY to an offence, when must participation have occurred?
(a) Before the offence
(b) During the offence
(c) After the offence
(d) all of the above
(e) (a) and/or (b)

A

(e) (a) and/or (b)

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8
Q

Can someone be a PARTY to an offence by mere recklessness to whether there was assistance or encouragement?
What case law deals with this point?

A

No. There must be intent rather than just recklessness.

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.

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9
Q

Who is a PRINCIPAL party?

A

The person(s) who is liable under s66(1)(a).

They personally satisfy the MENS REA and the ACTUS REUS of the offence.

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10
Q

Who is a SECONDARY PARTY?

A

Someone who doesn’t themselves commit the offence. But, their assistance, abetment, incitement, counseling or procurement is sufficient to make them culpable as a secondary party under s66(1)(b)(c) and (d).

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11
Q

Is it possible to have more than one PRINCIPAL offender?

A

Yes.

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12
Q

What are the TWO METHODS which
multiple offenders can become PRINCIPAL offenders:

A

Method 1: EACH commit the full ACTUS REUS

Method 2: JOINTLY their actions combined form the ACTUS REUS

Both are still required to hold the MENS REA

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13
Q

What can be done in cases where the PRINCIPAL offender of the PARTY can’t be distinguished? (Eg which one delivered the fatal blow?)

What case law provides guidance on this?

A

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).

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14
Q

A secondary offenders actions are CONTEMPORANEOUS or EARLIER than the actions of the principal offender.

True / False

A

True. Their actions can’t aid the principal offender to commit the crime if the crime has already happened.

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15
Q

A person is part of the ORIGINAL PLANNING of the offence and there role was to provide a means of escape AFTER the crime. Which is TRUE?

(a) They are not a PRINCIPAL because they didn’t form part of the ACTUS REUS of the crime.
(b) They are a PRINCIPAL because they were involved in the PLANNING which is an ACTUS REUS of the crime.
(c) They are a SECONDARY OFFENDER because they didn’t actually do the act, the crime can still occur without their involvement.
(d) They are not a SECONDARY OFFENDER because their actions to aid the crime occur AFTER the crime has been committed. They are an ACCESSORY.

A

(b)

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16
Q

When a PARTY provides AID, is it required at some point that they are physically present at the scene?

A

No. The only requirement is that they helped the PRINCIPAL in some manner. It may have been PHYSICAL assistance, or it may have been NON PHYSICAL such as giving advice or information.

17
Q

If a SECONDARY helps a PRINCIPAL, is it necessary that the principal knew he was being helped by the secondary for the secondary to be culpable?

A

No.

18
Q

If a SECONDARY helps a PRINCIPAL, is it necessary that the principal knew he was being helped by the secondary?

A

No.

19
Q

For a SECONDARY to be charged, is it required that the PRINCIPAL agreed to be assisted?

A

No. But it may make it a bit more difficult to prove the assistance.

20
Q

To be a party, is it necessary that there was PRIOR AGREEMENT between the PRINCIPAL and SECONDARY before or during the offence?

A

No. The only requirement is that the secondary HELPED the principal. For example: Standing as a lookout.

21
Q

What is the case law around PROOF of ASSISTANCE for a party offence?

A

Larkins v Police
While it UNNECESSARY THAT THE PRINCIPAL SHOULD BE AWARE that he is being assisted, THERE MUST BE PROOF OF ACTUAL ASSISTANCE.

22
Q

What does ABET mean?

A

Urge, instigate or encourage.

23
Q

Can PRESENCE at the scene qualify that person as a SECONDARY to the offence?

A

Mere-presence would not qualify them. But, if their presence was an ENCOURAGEMENT to the PRINCIPAL carrying out the offence, then YES.

24
Q

Aiding by Omission:
Can PASSIVE ACQUIESCENCE be a form of ABETTING?

A

Yes. But it would require that the SECONDARY had some duty to ACT.

25
Q

In a PARTY offence, what is meant by the term LEGAL DUTY?

A

Legal Duty is when there is DUTY to intervene and the POWER over the principal to do so. Failure to intervene by someone who has a legal duty, could make them culpable as a SECONDARY OFFENDER.

26
Q

What is the case law for LEGAL DUTY?

A

Ashton
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.

27
Q

What is an example of LEGAL DUTY?

A

An army Sergeant looking on as a Prvate beats a person.

28
Q

Special Relationship:
If someone is MORALLY BOUND to take active steps to INTERVENE, are they culpable as a PARTY if they fail to act?

A

Yes, they may be held culpable.

29
Q

What is the case law for SPECIAL RELATIONSHIP?

A

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 AID AND ABETTOR AND THUS A SECONDARY OFFENDER.

30
Q

Incites, Counsels, or Procures:
At what stage of the crime are the above actions relevant? (Ie, when do they occur)?
Before, during, or after the crime is carried out.

A

Before

31
Q

Incites, counsels, or procures:
Does the SECONDARY who commits these, need to be present?

A

No.

32
Q

What does INCITE mean in the context of a secondary offender?

A

A person who STURS UP or SPURS ON the offender. It means to ROUSE, STIMULATE, URGE or ANIMATE.

33
Q

Are there some OVERLAP between the terms, INCITE, COUNSEL, and PROCURE.

A

Yes. For example, URGING a person to commit an offence could fit into either category.

34
Q

What is the appropriate Actus Reus for a secondary offender who PLANS the COMMISSION of the offence for the PRIMARY?

(Incites, counsels, or procures?)

A

Counsels

35
Q

Need the Secondary offender know the DETAILS of the crime to be culpable as a secondary?

(For example, he offers COUNSEL, but he only knows a burglary will be committed and doesn’t know the address or when it will occur or any other particular detail)

A

No. He need not know the details to still be culpable as a secondary offender.

36
Q

How can PROCURE be defined?

A

PROCUREMENT requires the secondary to deliberately CAUSE the principal to commit the offence.

PROCUREMENT can be regarded as a stronger form of URGING. This can take the form of FRAUD, PERSUASION, WORDS, or conduct such as PAYMENT. (Eg. Hiring a hitman).

37
Q

List 3 ways a party might be discovered during an investigation:

A

(1) Through a RECONSTRUCTION
(2) The PRINCIPAL admitting he had assistance
(3) A person ADMITTING to providing assistance
(4) A WITNESS providing evidence of another persons involvement
(5) Receiving information from OTHER SOURCES that others were involved.

38
Q

Can a person be charged as a PARTY if the PRINCIPAL has not been identified or charged?

A

Yes

39
Q

Can a PARTY be charged if the PRINCIPAL is not eligible to be charged due to their age, competence, or other such issues?

A

Yes

ASSOCIATION 89 (12 decks)

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