Parties Flashcards
Define s66(1), Crimes Act 1961?
Section 66(1), Crimes Act 1961
(1) Everyone 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 commission of the offence; or
(d) Incites, counsels, or procures any person to commit the offence.
Define s66(2), Crimes Act 1961?
Define s66(2), Crimes Act 1961
Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be probable consequence of the prosecution of the common purpose.
What was held in R v Pene?
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.
Define a Principal offender?
A person will be a principal offender, and liable under s66(1)(a), where he or she personally satisfies the actus reus mens rea requirements of the offence. (There can be more than one principal)
Section 66(1)(a) refers to situations where here has been actual participation of principle offenders in the offence committed. There may be more than one offender identified as a principal offender, eg where two people actively assault a third person, each of the offenders is a principal offender to the assault.
Define secondary offender?
Secondary parties are those people whose assistance, abetment, incitement, counselling or procurement is sufficient under s66(1)(b)(c) or (d) of the Crimes Act 1961 to make them also liable due to their participation in the offence committed but the principals. this is despite the fact that the secondary party does not themselves commit that offence.
What was held in Larkins v Police?
Larkins v Police
While it is unnecessary that the principal should be aware that he or she s being assisted, there must be proof of actual assistance.
What is the definition of abet?
Abets means to instigate or encourage; that is, to urge another person to commit the offence. As with aiding, the presence of the abettor at the scene of the offence at the time of its commission is not required.
Define legal duty?
The specialist relationship is also dependant on the person who would be a secondary party having a legal duty to act and a right or power of control over the principal offender.
What was held in Ashton v Police?
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 NZ, 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.
What was held in R v Russell?
R v Russell
The Court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstentation 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.
Define Incites?
To incite means to rouse, stir up , stimulate, urge or spur on a person to commit the offence. For example, a sports fan spurs on another fan to assault a protester and yells approval while the offence takes place.
Define Counsels?
Counsels means to intentionally instigate the offence by advising a person(s) on how best to commit an offence, or planning the commission of an offence for another person. Counselling may also mean “urging someone to commit an offence” in which case it will overlap with incitement.
Define Procures?
Procurement is setting out to see that something happens and taking the appropriate steps to ensure tat it does.
Procurement may be carried out b fraud, persuasion, words or conduct, such as an offer of payment.
What was held in R v Betts and Ridley?
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.
Define Joint enterprise for murder or manslaughter?
A person charged as a party to murder will be guilty of:
Murder, where they:
- Intentionally helped or encouraged it, or
- Foresaw murder by a confederate, as a real risk in the situation that arose.
Manslaughter, where they:
- Knew that at some stage there was a real risk of killing short of murder, or
- Foresaw a real risk of murder, but the killing occurred in circumstances different from those contemplated, or
- Can be expected to have known there was an ever-present real risk of killing.
