Parties Flashcards
What constites a party to an offence
(1) 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 is the distinction between section 66 (1) and (2) of the crimes act, and how are they applied
66(1) relates to the offence originally intended to be carried out.
66(2) relates to after the common intention to commit an offence is carried out then each party is laiable for any offences that are subsequently committed if the offences were known to be a probably consequence of the common purpose.
What is Aiding
Means to assist in the commission of the offence, either physically or by giving advice or information that aid the principle offender/s
What is abetting
Abets means to instigate or encourage, that is to urge another person to commit the offence.
What is inciting
Means to rouse, stir up, stimulate, urge or spur on a person to commit the offence.
What is councilling
Means to intentionally instaigate the offence by advising a person on how best to commit and offence.
What is Procuring
Procuring is setting out to see that something happens and taking appropriate steps to ensure that its does.
The secondary party deliberatly causes the priniplce party to commit the offence.
What are the investigative proceedures required to establish if someone is a party to an offence?
The same proceedures as investigating the principle offender.
A reconstruction of the offence committed, this should indicate if more than one person is involved.
The principle offender acknowledging or admitting that others were involved
A suspect of witness admitting to providing aid or assistance when interviewed
A witness providing you with evidence of another persons involvement, based on their observations
Recieving information indicating that others were involved in the offence.
R v Pene?
A party must help or encourage-
It is insufficient if they were reckless as to whether the principle was assisted or encouraged
R v Renata?
The Court held that where the principle 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 of she is being assisted, there must be proof of actual assistance
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 the accused was morally bound to take active steps to save his children but by his deliberate abstention from doing so and by giving the encouragement and the authority of his presence and approval to his wife’s act he became the aider and abettor thus the secondary offender
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 no be held liable for the violence used
