Parties Pt 2

Question 1

Abets definition

Answer 1

Abets means to instigate or encourage; that is, to urge another person to commit the offence

Question 2

Ashton v Police - Legal Duty - CASE LAW

Answer 2

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 3

R v Russell - Liability arising out of omission - special relationship - CASE LAW

(Kids drowning in pool)

Answer 3

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 4

Incites

Answer 4

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

Question 5

Counsels

Answer 5

Counsels means to intentionally instigate the offence by advising a person(s) on how best to commit an offence, or planning the commission of an offence
for another person

Question 6

Procures

Answer 6

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.

Example - hiring a hit man

Question 7

R v Betts and Ridley - Both parties must have a Common intention - CASE LAW

Answer 7

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 8

What are the two qualifications to be satisfied under the general rule in relation to “probable consequence” where there is a second offence

Answer 8

Qualification 1:
Person A only needs to realise that an offence of that type is probable.

Qualification 2:
Person A’s doesn’t require any foresight of offence B or any appreciation of the consequences of the physical elements of the offence
committed

Question 9

Investigation Procedures: 5 steps of Establishing involvement of parties

Answer 9

• A reconstruction of the offence committed.
• The principal offender acknowledging or admitting that others were involved in the offence.
• A suspect or witness admitting to providing aid or assistance
• A 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 10

Specific party/association offences

Answer 10

Where there is a specific offence of aiding, abetting, inciting, counselling or
procuring, choose a charge under that section

• s98A Crimes Act 1961 Participation in an organised criminal group
• s6A Summary Offences Act 1981 Associating with violent offenders
• s6B Summary Offences Act 1981 Associating with serious drug offenders.

Question 11

Penalties

Answer 11

Liable to the same penalty unless specified in an offence