Parties

Question 1

Parties definition

66(1) and 66(2)

Answer 1

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

Question 2

Section 70 Crimes Act 1961

Offence committed other than the intended

Answer 2

(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

Question 3

What must be proved for a charge or parties to

Answer 3

• the identity of the defendant AND
• an offence has been successfully committed AND
• the elements of the offence (S66(1)) have been satisfied

Question 4

When must participation have occurred to be consider a party to an offence

Answer 4

before or during (contemporaneous with) the commission of the offence and before the completion of the offence

Question 5

R v Pene

Answer 5

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

Question 6

What is a principal party

Answer 6

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

Question 7

What is a secondary party

Answer 7

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

Question 8

What are the two methods by which multiple offenders may be considered to be principals

Answer 8

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.

Question 9

R v Renatu

Answer 9

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)

Question 10

Definition of aids

Answer 10

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

Question 11

Larkins v Police

Answer 11

While is is unnecessary that the principal should be aware that he or she is being assisted there must be proof of actual assistance

Question 12

Examples of assistance

Answer 12

• 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

Question 13

When is it possible to aid/abet by omission

Answer 13

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

Question 14

Definition of abets

Answer 14

Means to instigate or encourage, urge another person to commit an offence

Question 15

When is passive acquiescence considered abetting

Answer 15

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

Question 16

Ashton v Police

Answer 16

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

Question 17

Can a person in a special relationship be a party

Answer 17

Yes, when they do not intervene it might amount to approval and encouragement of the principle offenders actions

Question 18

R v Russell

Answer 18

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

Question 19

Definition of incites

Answer 19

Means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence

Question 20

Definition of counsels

Answer 20

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

Question 21

Definition of procures

Answer 21

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

Question 22

R v Betts and Ridley

Answer 22

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

Question 23

What are the two qualifications to be satisfied under the general rule of probable consequence

Answer 23

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

Question 24

When will a person charged as a party to murder/manslaughter be guilty of murder/manslaughter (Joint enterprise)

Answer 24

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

Question 25

What is an innocent agent and can they be charges as a party to

Answer 25

• Someone who is unaware fo the significance of their actions
• No can’t be charged

Question 26

How may the involvement of parties be established

Answer 26

• 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

Question 27

What is are the charging time limits for laying a parties charge

Answer 27

The same as for the principle offender

Question 28

What is the difference between “aiding and abetting” and “inciting, counselling and procuring”

Answer 28

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