PARTIES Flashcards
Parties to an offence Section 66 (1) crimes act 1961
Everyone is a party to guilty of an offence
(A) actually commits the offence
(B) does or omits and act for the purpose of aiding any person to commit the offence
(C) abets any person in the commission of the offence
(D) incites, counsels, or procures any person to commit the offence
Party to an offence
What you need to prove
(1) the identity of the defendant
(2) an offence has been successfully completed committed
(3) The ingredients of the offence have been satisfied
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 or encouraged.
Case law
When identity cannot be established
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 and one of the ways contemplated by section 66 (1).
Case law
Actual proof of assistance as required
Larkins v Police
While it is a necessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance. The mere commission of an act intended to have that effect is insufficient. Absence of knowledge by the principal that he is being assisted removes a common foundation for a finding of actual assistance, namely that the principal was able to proceed with his enterprise with the additional confidence gained because his accomplish was on the lookout for unwanted intervention.
Caselaw
Legal duty
Ashton v police
And 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 section 156 of the crimes act 1961 he is deemed to be in charge of a dangerous thing.
Case law
Special relationship
R v Russell
The accused was charged with the murder of his wife and two sons. Following an Argument between the accused and his wife, the wife in the presence of the accused, allegedly jumped into a swimming pool with both children drowning them all. The accused failed to render assistance to his wife or the children. 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.
Case
An offence where no violence is contemplated
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.
When participation must have occurred
To be considered a party to the offence, participation must have occurred before or during the commission of the offence AND before the completion of the offence.
