Parties Flashcards
Ingredients for parties
Section 60(1), Crimes Act 1961
- 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, cousels, or procures any person to commit the offence
Section 66(2), Crimes Act 1961
2 or more persons agree to commit an offence and to assist each of them therein. Each of them is a party to every offence committed during the commission of the offence.
If that was likely to be a consquence during the execution of original.
What you need to prove when charging a person with a party to an offence.
- Identity of the defendant
- An offence has been committed
- The elements of the offence have been satisfied
The involvement of parties may be established by
- A reconstruction of the offence committed indicating that more than one person was involved, or that the principle offender was assisted.
- Admissions from principle offender that others were invloved
- 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 Pene
A party must intentionally help or encourage. It is sufficient if they were reckless as to whether the principle offender was assisted or encouraged.
R v Renata (S/A)
Where the principle offender cannot be identified. It is sufficient to prove that on of the accused must have been either the principle or a party in one of the ways described in Section 66(1).
Larkins v Police
It is unnecessary that the principle be aware that they are being assisted but there must be proof of actual assistance.
Ashton v Police
An example of a secondary party owing a legal duty to a third party is a person teaching another to drive.
The person is, in New Zealand, under a legal duty to take reasonable precautions because under Section 156 of the Crimes Act 1961 he is in charge of a dangerous thing.
R v Russell
The accused was morally bound to take steps to save his children. By his deliberate abstention from doing so an 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.
R v Betts and Ridley
An offence where no violence is contemplated and the principle 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.
Definitions of aids
To assist in the commission of the offence, either physically or by giving advice and information.
Definition of Abets
To instigate or encourage, to urge another person to commit the offence.
Definition of Incites
To rouse, stir up or spur on a person to commit the offence.
Definition of counsels
Intentionally instigate the offence by advising a person on how to commit an offence or planning the commission of an offence for another person.
Defintion of procures
Setting out to see that something happens and taking the appropriate steps ensure that it does.
