Parties Flashcards
Parties
S66 CA 61
(1) Everyone is a party and guilty of an offence who
(a) Actually commits the offence
(b) Does or omits an act for the purpose of aiding any person to commit the offence
(c) Abets any person in the commissary of an offence
(d) Incites, counsels or procures anyone to commit the offence
(2) Where 2 persons form a common intention to prosecute an unlawful purpose, and to assist one another, each is party to any offences committed by them in prosecution of common purpose, if the commissary of the offence was known to be a probable consequence of prosecution of common purpose
Offence other than offence intended
S70 CA 61
(1) Everyone who incites , counsels or procures another to be 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 incites, counselled or procured
(2)Everyone who incites, counsels or procures another to commit an offence is guilty of any offence the other may commit in consequence of such inciting, counselling or procuring of which the first person knew likely to be committed thereof
Must prove (party)
Identity of defendant
An offence has been successfully committed
The elements of 66(1) have been satisfied
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
Principal vs Secondary Party
Principal - 66(1)(a)
Meets men’s Rea and Actus reas of offence
Secondary 66(1)(b,c, d)
Do not actually commit offence but assist etc
R v Renata
The court held that where a principal offender cannot be identified, it is sufficiently to prove that each individuals accused must have been either the principal or a party in one of the ways contemplated in 66(1)
Larkins v Police
While it is unnecessary that the principle should be aware that he or she is being assisted, there must be proof of actual assistance
Passive Acquiescent
Merely being present at the offence and witnessing it does not create liability, unless there is a special relationship between that person and the offender where they owe a legal duty to the victim or public
Ashton v Police
An example of a secondary party owing a legal duty to a third person or the public is teaching a person to drive. That person is, in NZ, under a legal duty to take reasonable precautions, because under s156 he is deemed in charge of a dangerous thing
R v Russell
The court held the accused was morally bound to take 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 wife’s act he became an aider and abetter and this a secondary offender
R v Betts and Ridley
An offence where no violence is contemplated and the principal offender in carrying out the common purpose uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used
Question of Fact - secondary offence
Whether a defendant knew that furthering the common aim would result in another party commiting a particular offence is a question of Fact for the jury
Investigation Procedure (party)
Involvement of parties can be established by:
-a reconstruction of the offence committed. This may indicate more than one person involved
- principal offender admitting others were involved
- Suspect or witness admitting to providing aid
- Witness providing evidence of another person’s involvement
- receiving information that others were involved
Punishments for being a Party
S311(2)
Everyone who incites, counsels procures an offence is liable to the same punishment as if he actually commits it, unless punishment is expressly described
