Parties Flashcards
Party
A party to an offence is any person involved at any or all stages of preparing for, attempting, or actually committing an offence. This includes a person who incites or counsels another to commit the offence.
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
R V RENATA
Three offenders beat the victim to death in the car park of a tavern. The prosecution was unable to establish which blow was the fatal one or which of the three offenders administered it. The court held that where the principal offender can’t 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 s66(1)
Aid
To aid means to assist in the commission of the offence, either physically or by giving advice and information. In order to aid, the presence of the person offering the aid is not required at the scene, before, or at the time of the offence being committed.
LARKINS VS 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.
Abets
Abets means to instigate or encourage; that is to urge another person to commit the offence.
ASHTON VS 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 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 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 aides and abettor and thus a secondary offender.
Incite
To incite means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence.
Counsels
Counsels means to intentionally instigate the offence by advising a person on how best to commit an offence, or planning the commission of an offence for another person.
Procures
Procurement is setting out to see that something happens and taking the appropriate steps to ensure that it does.
Eg a woman obtains the services of a hit man to kill her husband and offers money or sexual services to him as payment
R V BETIS 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.
S66(1)
Party to the offence
s66(2)
Party to a secondary offence
