Parties Flashcards
Party to an offence
Section and definition
Section 66(1) Crimes Act 1961
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.
What you need to prove:
Identity of the defendant
The offence has been successfully committed
The elements of 66(1) have been satisfied
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.
Principal vs secondary offender
Principal - personally satisfies actus reus and mens rea requirements - actually commits the offence
Secondary - assists, abets, incites, counsels or procures the principal
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
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 s66(1).
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
Legal duty - exemption to passive presence
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
Special relationship - exemption to passive presence
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.
When must participation have occurred?
Before or during (contemporaneous with) the commission of the offence and before the completion of the offence
Aids
Aids - to assist in the commission of the offence, physically or by giving advice. Presence of person offering aid not required at the scene. Eg lookout for someone committing burglary
Abets
To instigate or encourage, to urge another person to commit the offence. Presence not required at scene. Eg husband discovers wife with another man, fight breaks out between husband and other man. Woman encourages other man to kill her husband.
Incites
Rouse, stir, stimulate, animate urge or spur on a person, eg sports fan spurs on another fan to assault a protestor and yells approval during assault
Counsels
Intentionally instigate the offence by advising a person on how best to do it, or planning it for another person. Eg letter instructing how to blow a safe found in possession of two offenders. The letter writer was charged as a party, despite not being aware of the time, manner, or place to be burgled.
Procures
Setting out to see that something happens and taking steps to ensure that it does. Requires that the secondary party deliberately causes the principal to commit the offence. Eg woman obtains services of hit man to kill her husband and offers money or sexual services as payment
