Parties 2 Flashcards
Larkins v Police
While it is unnecessary…
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.
Ashton v Police
An example of a…
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.
R v Russell
The court held that…
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.
R v Betts and Ridley
An offence where…
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.
Secondary Offenders
Those who assist the principal offender…
Secondary Offenders
Those who assist the principal offender(s) either before or during the commission of an offence are considered secondary offenders and thus their liability generally lies within the scope of s66(1)(b), (c) or (d)
To be party to an offence, the acts of the secondary offender must be earlier in the time or contemporaneous with the acts of the principal offender(s). Whether the acts are contemporaneous is dependent on the circumstances of each case.
Where the act was part of the original planning, eg providing a means of escape, then the person who committed this act would be deemed to be a principal party. However, a person cannot be convicted as a party for an offence that is already complete. In such a case they would be liable as an accessory
Incites - definition
To incite means
Incites
To incite means to ‘rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence.
Examples of Assistance:
Examples of Assistance:
- Keeping lookout for someone committing a burglary
- Providing a screwdriver to someone interfering with a car
- Telling an associate when a neighbour is away from their home so as to allow the opportunity to commit a burglary.
