Parties

Question 1

Parties.
Legislation.
Subsection 1.

Answer 1

Sec 66(1) CA61

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.
Legislation.
Subsection 2.

Answer 2

Sec 66(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.

Question 3

Parties

What you must prove.

Answer 3

• Identity of the defendant, AND
• An offence has been successfully committed; AND
• The elements of the offence (Sec 66(1) CA61) have been satisfied.

Question 4

Parties.

When participation must have occurred to be a party.

Answer 4

Participation must have occurred before or during (contemporaneous with) the commission of the offence, and before the completion of the offence.

Question 5

Parties.
Case Law.
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

Parties.

Methods by which multiple offenders may be considered to be principals. With examples.

Answer 6

Method 1: Each offender satisfies elements of offence committed. eg. Independently guilty of assaults

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 the poison. In this example both offenders share the same intent.

Question 7

Parties.
Case Law.
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

Parties.
Case Law.
Larkins v Police.

Answer 8

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.

Question 9

Parties.
Case Law.
Ashton v Police.

Answer 9

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 10

Parties.
Case Law.
R v Russell.

Answer 10

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 11

Parties.
Case Law.
R v Betts and Ridley.

Answer 11

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 12

Parties.

Examples of assistance.

Answer 12

• 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 13

Parties.
Subsection 2.
Example only.

Answer 13

Examples:
Sec 66(2) CA61.

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 14

Parties.

Note: Offence committed other than offence intended.

Answer 14

Sec 70 CA 61

(1) Secondary parties who incite etc. (ICP) still liable if another party commits the offence in a different way to that suggested.
(2) Inciters etc. (ICP) guilty of every offence that was a likely consequence of such inciting etc.

Question 15

Parties.
Definition.
Abets

Answer 15

To instigate, encourage, or urge, another person to commit the offence. Presence at scene of offence is not required.

Question 16

Parties.
Definition.
Procures.

Answer 16

Setting out to ensure that something happens and taking appropriate steps to ensure it does. In procuring the secondary party causes the principal to commit the offence.

Question 17

Parties.

Note: Deciding knowledge of consequences

Answer 17

A question of fact. Decided by the jury.

Question 18

Parties.

Note: Innocent agent

Answer 18

Someone who is unaware of the significance of their actions. Used by offenders to carry out some / all of the actus reus. Cannot be convicted as a secondary party (no mens rea).