Parties Flashcards
Section 66 - parties to offence
Parties to offence
S66 CA 61
(1) Everyone is a party to and guilty of an offence who -
(a) Actually commits the offence
(b) does or omits an act for the purpose of aiding any person to commit the offence
(c) Abets any person in the commission of the offence
(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.
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 you need to prove
1) the identity of the defendant
2) the offence has been successfully committed ;and
3) the elements of the ((s66(1)) have been satisfied
Principal offender
The offender personally satisfies the actus and mens rea requirements of the offence
Secondary party
Secondary parties are those people whose assistance, abetment, incitement, counselling or procurement is sufficient under s166(1)(b),(c)or (d)
Secondary parties do not themselves commit the offence
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).
Main points
- Each offender satisfies the ingredients of the offence committed
- Each offender separately satisfies the ingredients
Larkins v police
.
While it is necessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance
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.
R v Russell - Special Relationship
The court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention from doing so, and by giving the encouragement and authority of his presence and approval of his wife’s act he became an aider and abettor and thus a secondary offender.
Incites
To incite means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence.
Counsels
Counsels means to Intentionally instigate the offence by advising a person(s) on how best to commit an offence.
Procures
Procurement is setting out to see that something happens and taking the appropriate steps to ensure that it does. Procures requires that the secondary party deliberately causes the principal party to commit the offence.
Common intention
Can also be charged as parties to any other offence that anyone of them commits in order to assist in the commission of the first offence originally agreed to, provided that the other offence is known to be a probable consequence of the prosecution of their common purpose.
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.
Innocent agents
An innocent agent is someone who is unaware of the significance of their actions.
