parties s.66 Flashcards
ingredients and penalty s.66
penalty: same as actual offense
s66(1) (a) actually commits the offense (principal offender) OR
(b) does/omits an act to aid OR
(c) abets any person OR
(d) incites counsels or procures another to commit an offense
R v PENE (intentional encouragement)
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 case law relates to multiple offenders charged together where the primary offender cannot be identified? and what are two methods in which multiple offenders can be considered a party?
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 the principal or party, in one of the ways contemplated in s.66(1)”
Method 1: each offender satisfys the elements of the offence committed together
Method 2: each offender separatly satisfys part of the actus reus.
explain; aid
Aid: to assist either physically or by giving advice and information
eg: keeping a lookout for a burg
which case law relates to actual proof of assistance being required?
larkins v Police
“while it is unnecessary that the principal should be aware that he is being assisted, there must be proof of actual assistance.”
Boy does nothing to help bottle shop burglary but yells “cops” when they arrive.
explain abet
Abet to instigate, encourage or urge on a person to commit an offence
“a woman finds her partner in bed with another, a fight breaks out and the partner encourages the other to kill the woman”
Which case law relates to a person in a special relationship having a legal duty to stop an offence?
ashton v police
“an example of a secondary party owing a legal duty to a third party or the general public is a person teaching another to drive. that person is in nz under a legal duty to take responsible precautions becoz under s.156 he is deemed to be in charge of a dangerous thing.”
R v RUSSEL (special relationship)
R v RUSSEL the court held that the accused was morally bound to take active steps to save his children, but from his deliberate abstention from doing so, and by giving the encouragement and authority of his presence and his approval to his wife he became and aider and abettor and thus a secondary offender
define; incite
Incite to rouse, stir up or stimulate to urge on to commit an offence
a person encourages someone to attack another
define; counsel
counsel to intentionally instigate an offense by advising a person how to commit an offense and planning it.
eg: instructions on how to commit an offence
define; procurer
procurer; the setting out to see that something happens
eg: hiring a hitman
explain; common intention and probable cause
common intention and probable cause when 2 or more persons form a common intention to commit an offense they can each be charged as a party to any offense the other commits to assist the initial offense provided the second offense is known to be a probable consequence of their common purpose. However if the offense goes beyond what was agreed then they are not liable.
Which case law relates to common intention and probable concequence?
R v BETTS and RIDLEY
“an offense where no violence is contemplated and the principal offender in carrying out the aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.”
with regard to being ‘a party to’ when must the participation have occured?
Prior, during or contemporeanous with the offence
