Parties

Question 1

Section

Answer 1

66

Question 2

Who is guilty of being a party?

Answer 2

66(1)

(a) actually commits the offence
(b) does o omits an act for the purpose of committing an offence
(c) abets any person in the commission of an offence
(d) incites, counsels or procures any person to commit the offence

Question 3

Common intent

Answer 3

S66(2)
Where two people form the common intention to commit an offence, each is a party to any other offence committed by any one of them if it is for the purpose of effecting their common intention and the offence was a probable consequence of effecting their common purpose.

Question 4

When must participation occur to be considered a party?

Answer 4

Before or during the commission of the offence and before the completion of the offence

Question 5

Case law relating to intention to help

Answer 5

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

Question 6

Case law relating to multiple offenders

Answer 6

R v Renata
Where the principal offender cannot be identified it is sufficient to prove that each individual accused was either a principal offender or a party in a way outlined in S66(1)

Question 7

Aids

Answer 7

to assist in the commission of the offence

Question 8

Case law relating to assistance

Answer 8

Larkins V Police
While it is unnecessary that the principal should be aware that they were assisted, there must be proof of actual assistance

Question 9

Case law legal duty

Answer 9

Ashton v Police
An example of a secondary party owing a legal duty to a third person or to the public is a person teaching another to drive. That person in NZ is under a legal duty to take precautions as under the CA 1961 he is deemed to be in charge of a dangerous thing

Question 10

special relationship

Answer 10

Where there is a special relationship, failing to act to prevent the offence might amount to approval and encouragement of the principal offenders actions

Question 11

Case law relating to special relationship

Answer 11

R v Russell
The accused was morally bound to take active steps to save his children but his deliberate abstention from doing and given 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.

Question 12

Case law relating to common intent

Answer 12

R v Betts and Ridley
Where there is no violence contemplated and the principal offender uses violence, a secondary offender taking no party in it would not be held liable for the violence used