Parties

Question 1

Parties to Offences

Element

Answer 1

S66 CA61 (1) Every one 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.

Question 2

Parties to Offences Legislation (2) Where two or more persons… and Example

Answer 2

S66 CA61 (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.

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.

Question 3

Parties What you must prove Of note only

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 participation must have occurred Of note only

Answer 4

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.

Question 5

R v Pene

Answer 5

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.

Question 6

Two methods by which multiple offenders may be considered to be principals Of note only

Answer 6

Method 1:

Each offender satisfies elements of offence committed

Example: Independently guilty of assaults - no requirement for S66 - separate offences of assualt.

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.

Question 7

R v Renata

Answer 7

R v Renata 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 8

Secondary Offenders

Answer 8

Those who assist the principal offender/s either before or during the commission of an offence are considered secondary offedners and thus commit offence under 66(1)(b)(c)(d).

Any assistance after the offence which they have had no involvement is acessory after the fact.

Question 9

Larkins v Police

Answer 9

Larkins v Police

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

Examples

• 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.

Question 10

Ashton v Police

Answer 10

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 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 11

Abets

Answer 11

Instigate or encourage - urge another person to commit the offence

Question 12

R v Russell

Answer 12

R v Russell

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.

Question 13

Aids

Answer 13

means to assist in the commission of the offence, physcally or advice.

Presence is not required at any time at the scene.

Principal offence need not be aware of the 2nd party.

Question 14

Does or omits an act

Answer 14

Act: to take actio or do something, to bring about a particular result

Omission: the action of exluding or leaving out someone or something, a failure to fulful a moral or legal obligation.

2nd party doesn’t need to be present at time of offence,

Leaving key or door unlocked for the purpose of an offence to be committed while not there is a party to.

Question 15

Aiding by Omission

Answer 15

person fails to discharge the duty by exercising that control to prevent someone from commiting an offence.

Question 16

Incites/Counsels/Procures

Answer 16

Incites - rouse, stir up, stimulate, animate, urge or spur on person to commit offence

Counsels - intentially insitgate the offence by advising a person on how best to commit an offnce, or planning the commission of an offcence.

Procures - is setting out to see that something happens and taking toe appropriate stepts to ensure that it does.

2nd parties delberately causes the principal party to commit the offences.

Question 17

Party to Secondary Offence

Answer 17

2 plus ppl form a common intention to commit an offence together for example robbery can be charged with offence of robbery

Can also be charge as parties to any offence that any one of them commits in order to assist in the commission of the offence originally agreed to. If there known to be a probalbe consequence of the prosection of the initial offence.

Question 18

R v Betts and Ridley

Answer 18

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.

Question 19

Liability

Answer 19

1. Everyone is a party to and guilty of an offence who:
   - offence
2. a) actually commits the offences
   - mulitple offenders (2 methods)
   - R v Renata
   - Principal offender (1 or more)
   b) does or omits an act for the purpose of aiding any person to commit an offence
   - Does/Omits def
   - Aids
   - Larkin v Police
   - Ashton v Police
   - R v Pene
   c) abets any person in the commission of an offence
   - Abets
   - R v Russel
   d) incites counsels or procures any person to commit an offence
   - incites
   - counsels
   - Procures