Parties - s66(1)

Question 1

Parties - s66(1) Crimes Act 1961

Answer 1

• Everyone who
• Actually commits the offence; or
• Does or omits an act for the purpose of aiding any person to commit the offence; or
• Abets any person in the commission of the offence; or
• Incites, counsels, or procures any person to commit the offence

Question 2

What you need to prove

Answer 2

• The identity of the defendant.
• An offence has been successfully committed.
• The elements of the offence (s66(1)) have been satisfied.

Question 3

When participation must have occurred

Answer 3

Participation must occur before or during the commission of the offence and before its completion.

Question 4

PENE
- Intentionally help

Answer 4

• A party must intentionally help or encourage.
• It’s insufficient if they were reckless as to whether the principal was assisted or encouraged.

Question 5

RENATA
- Multiple offenders

Answer 5

Where the principal offender can’t be identified, it’s sufficient to prove that each individual accused must be either the principal or a party as described in s66(1).

Question 6

LARKINS
- Actual proof of assistance is required

Answer 6

While it’s unnecessary that the principal should be aware that they are being assisted, there must be proof of actual assistance.

Question 7

Actual proof of assistance
- Examples

Answer 7

• 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 home to allow the opportunity to commit a burglary.

Question 8

Aids
- Definition

Answer 8

Means to assist in the commission of the offence, either physically or by giving advice and info.

Question 9

Abets
- Definition

Answer 9

Means to instigate or encourage, that is, to urge a person to commit the offence.

Question 10

Incites
- Definition

Answer 10

Means to rouse, stir up, stimulate, animate, urge or spur on a person to commit an offence.

Question 11

Counsels
- Definition

Answer 11

Means to intentionally instigate the offence by advising a person on how best to commit it,

or planning the offence for another person.

Question 12

Procures
- Definition

Answer 12

• Procurement is setting out to see that something happens and taking the steps to ensure it does.
• Procures requires that the secondary party deliberately causes the principal party to commit the offence.

Question 13

ASHTON
- Legal duty

Answer 13

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 NZ, under a legal duty to take reasonable precautions, because under s156 CA61, he is deemed to be in charge of a dangerous thing.

Question 14

RUSSELL
- Special relationship

Answer 14

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 of his presence and approval to his wife’s act,

he became an aider and abettor and thus a secondary offender.

Question 15

Party to a secondary offence - s66(2)

Answer 15

Where 2 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.

Question 16

BETTS & RIDLEY
- No violence is contemplated

Answer 16

An offence where no violence is contemplated and the P/O 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 17

An innocent agent

Answer 17

• An innocent agent is someone who is unaware of the significance of their actions.
• Can’t be convicted as a secondary party.

Question 18

Investigative procedure - The involvement of parties may be established by?

Answer 18

• A reconstruction of the offence.
• Receiving info indicating others were involved.
• The P/O acknowledging others were involved.
• Suspect / witness admissions when interviewed.
• A Witness providing evidence of another’s involvement based on their observations.

Question 19

What is the distinction between ‘aiding and abetting’ and ‘inciting, counselling and procuring’?

Answer 19

In general terms, aiding & abetting means to assist in the commission of the offence, either physically or by giving advice and info.

In order to aid, the presence of the person is not required at the scene.

Inciting, counselling, and procuring describe the actions that occurred before the offence was committed.