Parties Flashcards
Parties - Act, Section and Definition:
66 Parties to offences:
(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.
(2)
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.
Offence committed - other than offence intended:
S70 CA 61:
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.
What you must prove:
1) ID of the offender
2) an offence has been successfully committed
3) elements of 66(1) have been satisfied.
When must participation have occurred?
- Before or during the commission
-After = accessory after the fact
Intention to help or encourage must exist - case law;
R V PENE
A party must intentionally help or encourage-it is insufficient if they were reckless as to whether the principal was assisted encouraged .
Define principal party:
A person will be a principal offender and liable under 66(1)(a)
MR AND AR satisfied
Secondary Party
Sections 66(1), b,c,d
Multiple offenders (principal unidentified)- case law
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 section 66 (1)
Aids - definition
Aid means to assist in the commission of the offence, either physically or by giving advice and information. To aid the offender it is not a requirement to be at the scene before or at the time of the offence.
Actual proof of assistance required- case law.
LARKINS V POLICE
While it is unnecessary that the principal should be aware that he or she has been assisted, there must be proof of actual assistance .
Examples of assistance:
-Keeping lookout for someone committing a burglary
-providing a screwdriver to someone interfering with a motor vehicle
-Telling an associate when our neighbour is away from the house so as to allow the opportunity to commit a burglary.
Abets - definition
Means to instigate or encourage, that is, to urge another person to commit their offence.
Example:
Encouraging someone who was in a fight .
Legal duty
The special relationship is also dependent on the person who would be a secondary party having a legal duty to act and a right or power of control over the principal offender.
Legal Duty - case law
ASHTON V POLICE
An example of a secondary party owing a legal duty to a third person or to the general public as a person teaching another person to drive. That person is, in New Zealand, under a legal duty to take a reasonable precautions, because he is deemed to be in charge of a dangerous thing.
Passive acquiescence may be considered abetting:
- legal duty
-special relationship
Special relationship- case law
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 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 thus a secondary offender
Insisted, consuls or procures
All happen before offence was in fact carried out and does not generally warrant the attendance of the inciter.
Incites means to rose, stirrup, stimulate, urge or spare on a person to commit an offence.
Counsels means to intentionally instigate that offense by advising a person on how to commit an offence, or planning the commission of an offence for another person.
Procures it’s sitting out to see that something happens and taking the appropriate steps to ensure that it does. An example as a woman hiring a hitman to kill her husband and offering money or sexual services to pay him.
66(2) - party to a secondary offence:
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.
Common intention
We’re two or more offenders for a common intention and embark on a joint enterprise together.
They can also be charged as parties to any other offense that any one of them commits in order to assist in the commission of the offence originally agreed to, provided it is known to be a probable consequence of their purpose .
Common Intention - Case Law
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.
Probable consequence
A subjective appreciation on the part of the offender, where they must actually foresee the likelihood that their co-offender will commit another offence when committing the original offence.
Innocent agent
Cannot be convicted as a secondary party.
