PARTIES Flashcards
Parties to Offences Legislation (1)
S66 CA61
(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.
Parties to Offences Legislation (2)
S66(2) CA61
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 a probable consequence of the prosecution of the common purpose.
Examples: Where a person is a party to an agreed act with violence and the principal offender in carrying out the common aim does an act causing death, the secondary party is equally responsible in law for such violence.
Parties What you must prove Of note only
- The identity of the defendant, and
- an offence has been successfully committed; and
- the elements of the offence (s66(1)) have been satisfied.
When participation must have occurred Of note only
To be considered a party to the offence, participation must have occurred before or during (contemporaneous with) the commission of the offence and before the completion of the offence.
R v Pene
R v Pene - Intentionally help
A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged.
Two methods by which multiple offenders may be considered to be principals Of note only
Method 1: Each offender satisfies elements of offence committed Example Independently guilty of assaults Method 2: Each offender separately satisfies part of the actus reus Example An offender prepares a poison before handing it to the other offender to administer the poison. In this example both offenders share the same intent.
R v Renata
R v Renata - Principal offender
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
Larkins v Police - Actual proof of assistance
While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
- Keeping lookout for someone committing a burglary.
- Providing a screwdriver to someone interfering with a motor vehicle.
- Telling an associate when a neighbour is away from their home so as to allow the opportunity to commit a burglary.
Ashton v Police
Ashton v Police - Legal Duty
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
R v Russell - Special Relationship
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.
R v Betts and Ridley
R v Betts and Ridley - No violence is contemplated
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 Aid
To assist either physically or by giving advice and information. Does not need to be present. (lookout, give tools, advise when victim leaves)
Define Abets
To encourage or instigate, or to urge another person . Does not need to be present. Mere presence is not enough except in special relationship where legal duty is owed to victim or general public. (Russell)
Define Incites
To rouse, stir up, animate, stimulate, urge or spur on another person. (sports event)
Define Counsels
To intentionally instigate, advising a person on how best to commit an offence, planning the commission of an offence for another. Specific details of offence not required. (Letter how to blow up safe).
