Parties Flashcards
Parties definition
66(1) and 66(2)
Section 66, 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 the commission of the offence OR
(d) incites, counsels or procures any person to commit the offence
(2) 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
Section 70 Crimes Act 1961
Offence committed other than the intended
(1) everyone who incites, counsels or procures another to be a party to an offence of which that other is afterwards guilty to that offence although it may be committed in a way different from that which was incited, counselled or suggested
(2) everyone who incites, counsels or procures another to be a party to an offence is a part to every offence which that other commits in consequence of such inciting, counselling or procuring and which the first-mentioned person knew to be likely to be committed in consequence thereof
What must be proved for a charge or parties to
- the identity of the defendant AND
- an offence has been successfully committed AND
- the elements of the offence (S66(1)) have been satisfied
When must participation have occurred to be consider a party to an offence
before or during (contemporaneous with) the commission of the offence and before the completion of the offence
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
What is a principal party
Principal offender and liable under s66(1)(a) where they personally satisfy the actus reus and mens rea requirements of the offence
Person who commits the actual offence
What is a secondary party
Those whose assistance, abetment, incitement, counselling or procurement is sufficient under s66(1)(b)(c)(d)
Person who does not themselves commit the actual offence
Must be earlier in time or contemporaneous with the acts of the principle offender(s)
WHERE THE ACT WAS PART OF THE ORIGINAL PLANNING eg, providing a means of escape THEN THE PERSON WOULD BE DEEMED TO BE A PRINCIPLE PARTY
What are the two methods by which multiple offenders may be considered to be principals
Method 1
Each offender satisfies elements of offence committed
eg, two people actively assault a third
Method 2
Each offender separately satisfies part of the actus reus
eg, an offender prepares a poison before handing it to the other offender to administer. Must both share the same intent.
R v Renatu
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)
Definition of aids
To assist in the commission of the offence either physically or by giving advice and information.
- Need not be present at the scene of the offence
- Not always necessary that the principal offender be aware the are being assisted by secondary party
- No requirement that the principle offender agreed to said assistance for a conviction to be recorded
Larkins v Police
While is is unnecessary that the principal should be aware that he or she is being assisted there must be proof of actual assistance
Examples of assistance
- keeping lookout for someone committing a burglary
- providing a screwdriver to someone interfering with cars
- telling an associate when a neighbour is away from their home so as to allow the opportunity to commit a burglary
When is it possible to aid/abet by omission
Where A who has a legal duty to act and a right or power of control over B fails to observe or discharge the duty by exercising that control to prevent B committing an offence
Definition of abets
Means to instigate or encourage, urge another person to commit an offence
When is passive acquiescence considered abetting
When being present at the scene of an offence and doing nothing to prevent it where there is a special relationship between that person and the principal offender or where they owe a legal duty to the victim or to the general public
Ashton v Police
An example of a secondary party owning 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
Can a person in a special relationship be a party
Yes, when they do not intervene it might amount to approval and encouragement of the principle offenders actions
R v Russell
The court held that the accused was morally bound to take active steps to save his children but by his deliberations abstention from doing so and by giving the encouragement and authority of his presence and approval to his wife he became an aider and abettor and thus a secondary offender
Definition of incites
Means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence
Definition of counsels
Means to intentionally instigate the offence by advising a person on how best to commit an offence or planning the commission of an offence for another person.
Not necessary to know the clear detail in respect of the offence
eg. letter instructing on how to blow a safe found in possession of two offenders at the scene of a burg
Definition of procures
Means setting out to see that something happens and taking the appropriate steps to ensue that it does
Requires the secondary party to deliberately cause the principal party to commit the offence
eg. a woman obtains the services of a hitman to hill her husband and offers money or sexual services as payment
R v Betts and Ridley
An offence where no violence is contemplated and the principle 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
What are the two qualifications to be satisfied under the general rule of probable consequence
Qualification 1
There is no requirement that person A knows or foresees the precise manner in which offence B is to be committed by person B. Person A need only realise that an offence of that type is probable
Qualification 2
There is no requirement that person A’s foresight of offence B include any appreciation of the consequences of the physical elements of the offence committed (offence B) but for which no mens rea element is required
When will a person charged as a party to murder/manslaughter be guilty of murder/manslaughter (Joint enterprise)
Murder:
• intentionally helped or encouraged it
• foresaw murder by a confederate as a real risk in the situation that arose
Manslaughter:
• knew that at some stage there was a real risk of killing short of murder
• foresaw a real risk of murder but the killing occurred in circumstances different from those contemplated
• can be expected to have known there was an ever present real risk of killing
What is an innocent agent and can they be charges as a party to
- Someone who is unaware fo the significance of their actions
- No can’t be charged
How may the involvement of parties be established
- reconstruction of the offence committed. Would indicate more than one person was involved or the principal offender had received advice or assistance
- principle offender acknowledging or admitting that others were involved in the offence
- suspect or witness admitting to providing aid or assistance when interviewed
- witness providing you with evidence of another person’s involvement based on their observations
- receiving information indicating that others were involved in the offence
What is are the charging time limits for laying a parties charge
The same as for the principle offender
What is the difference between “aiding and abetting” and “inciting, counselling and procuring”
Aiding and abetting requires the person to be present at the scene before or at the time of the offence
Inciting, counselling and procuring are the actions taken before the offence is carried out. Person not required at the scene
