Parties

Question 1

R v Pene

Answer 1

“a party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged.”

Question 2

R v Renata

Answer 2

“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).”

Question 3

Larkins v Police

Answer 3

“while it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.”

Question 4

Ashton v Police

Answer 4

“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.”

Question 5

R v Russell

Answer 5

“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.”

The defendant was charged with the murder of his wife and two sons. Following an argument between he and his wife, the wife, in the presence of the defendant, allegedly jumped into a swimming pool with both children, drowning them all. The defendant failed to render assistance to his wife or their children.

Question 6

R v Betts and Ridley

Answer 6

“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 liable for the violence used.”

Question 7

In what situations does a person become liable as a party to an offence under s66(1) of the Crimes Act 1961?

Answer 7

A person is liable as a party to an offence under s66(1) where they:

1. actually commit the offence
2. do or omit an act for the purpose of aiding any person to commit an offence
3. abet any person in committing an offence
4. incite, counsel or procure any person to commit an offence

Question 8

What is the distinction between ‘aiding and abetting’ and ‘inciting, counselling and procuring’?

Answer 8

In general terms ‘aiding and abetting’ requires the aider or abettor to be present at the scene before or at the time of the offence being committed, whereas ‘inciting, counselling and procuring’ describes the actions taken before the offence is carried out.

Question 9

How might the involvement of parties be established?

Answer 9

1. A reconstruction of the offence committed, this indicating that more than one person was involved, or that the principal offender was in receipt of advice or assistance.
2. The principal offender acknowledging or admitting that others were involved in the offence.
3. A suspect or witness admitting to providing aid or assistance when interviewed.
4. A witness providing you with evidence of another person’s involvement based on their observations.
5. Receiving information indicating that others were involved in the offence.