Parties Flashcards
Parties - Act/ Section/ Elements (1)
Crimes Act 1961 Section 66(1)
(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
(c) Abets any person in the commission of the offence or
(d) Incites, counsels, or procures any person to commit the offence
In each case of charging a person with being a party to an offence, you must prove: (3 points)
- The identify of the defendant, AND
- An offence has been successfully committed, AND
- The elements of the offence (S66(1)) have been satisfied
Definition of Incites, counsels and procures:
In general terms these actions will occur BEFORE the offence.
S/A
Incites:
To urge, rouse, animate, stir up, stimulate or spur on a person to commit an offence. (URASSS)
E.g: Sports fan spurs on another fan to assault a protested and yells approval.
Counsels:
To intentionally instigate the offence by advising a person on how best to commit it.
E.g: Letter describing how to blow open a safe
Procures:
Setting out to see that something happens and taking the appropriate steps to ensure it does.
E.g: Hitman
R v Russell
R v Russell
The court held that the accused was morally bound to take active steps to save his children, by his deliberate abstention from doing so, 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.
(Argument with wife, wife then drown both kids while Russell looked on)
R v Betts and Ridley
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.
Parties - Act/ Section/ Elements (2)
Example..
Crimes Act 1961 Section 66(2)
(2) Where two or more people 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.
R v Renata
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 section 66(1) .
R v Pene
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.
Larkins v Police
Actual proof of assistance is required
Examples of assistance: (3 Points)
S/A
While it is unnecessary that the principal should be aware that they are being assisted, there must be proof of actual assistance.
Eg:
- Keeping lookout for someone committing a burglary
- Providing a screwdriver to someone interfering with a vehicle
- Telling an associate when a neighbour is away as to allow the opportunity to commit a burglary
Ashton v Police
Ashton v Police
An example of a secondary party owing a legal duty to a third person or the general public is a person teaching another to drive. That person is, in NZ, under a legal duty to take reasonable precautions because under S156 of CA 1961 they are deemed to be in charge of a dangerous thing.
Abet - Definition
To instigate or encourage; to urge another person to commit an offence. Not required to be present during the commission.
Definition of Act, Omit and Aid:
In general terms AIDING require the presence of someone at the scene of the offence.
S/A
Act:
To take action or do something, to bring about a particular result.
Omit:
The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.
Aiding:
To assist in the commission of the offence, either physically or by giving advice and information. Not required to be present during the commission.
Investigative procedure - The involvement of parties may be established by:
- Reconstruction of the offence committed
- The principal offender admitting others were involved in the offence
- Suspect or witness admitting to providing aid or assistance
- Witness providing evidence of another persons involvement
- Receiving info indicating others were involved
Generally what constitutes a party?
Those who actively participate or assist in the offence committed before or during the commission of the offence.
Innocent agent - Definition
Someone who is unaware of the significance of their actions and are not liable as a secondary party.
