Parties to the Offence

Question 1

Police Sgt watching Constables assault prisoner? (legal duty)

Answer 1

The Police Sgt is liable as secondary party to the assault

Question 2

(SA) Actual proof of assistance is required, what are some examples?

Answer 2

• 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 their home so as to allow the opportunity to commit a burglary

Question 3

(MC & SA) Define Secondary Offenders

Answer 3

• To be party to an offence, the acts of the secondary offender must be earlier in the time or contemporaneous with the acts of the principal offender(s)
• Where the act was part of the original planning, (eg: providing a means of escape), then the person who committed this act would be deemed to be a principal party
• However, a person cannot be convicted as a party to the offence that is already complete. In such a case they would be liable as an accessory

Question 4

What constitutes a party?

Answer 4

Everyone is a party to and guilty of an offence 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 5

What is Section 66(2), CA 1961?

Answer 5

Where 2 or more persons form a common intention to commit an offence, and to assist each other, each of them is a party to every offence committed by any one of them in the execution of the offence of their common intention.

Question 6

What is an innocent agent?

Answer 6

• An innocent agent is someone who is unaware of the significance of their actions
• An innocent agent cannot be convicted as a secondary party
• Where an innocent agent is used by an offender to bring about the actus reus, the act completed is considered to be the act of the offender. The agent is not considered a participant, and the offender is considered the principal.

Question 7

What was held in Larkins v Police in relation to bail?

Answer 7

While it is unnecessary that the primary offender should be aware that he or she is being assisted, there must be proof of actual assistance.

Question 8

What are the main points in R v Renata:

Answer 8

• Three offenders beat the victim to death in a tavern carpark. The prosecution was unable to establish which blow was the fatal one or which of the 3 offenders administered it.
• 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).
• Each of the offender satisfies the ingredients of the offence committed
• Each offender separately satisfies the actus reus

Question 9

Define ‘aids’:

Answer 9

To aid means to assist in the commission of the offence, either physically or by giving advice and information.

Question 10

Define ‘abets’:

Answer 10

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

Question 11

Define ‘procures’:

Answer 11

• 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
• Procurement may be carried out by fraud, persuasion, words or conduct, such as an offer to payment.

Question 12

Define ‘incites’:

Answer 12

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

Question 13

Define ‘counsels’:

Answer 13

• It means to intentionally instigate the offence by advising a person the best way to commit an offence or planning the commission of an offence for another person
• It is sufficient that the counsellor knows that an offence is committed, they don’t need to know the specifics such as target address or victim
• There is no need for the person to be completely unfamiliar with the offence intended

Question 14

(MC) Legal Duty - Parties to Offences

Answer 14

An army Sgt who watches as a subordinate assaults another person and does nothing to prevent it would be liable as a secondary party to the assault. This is because the Sgt has a power of control over the subordinate and a lawful duty to prevent such incidents and intervene.

Question 15

What was held in Ashton v Police in relation to Legal Duty?

Answer 15

An example of a secondary party owing a legal duty to a third person or to the general public is a person teaching another to drive. That person is, in New Zealand, under a legal duty to take reasonable precautions, because under s156 of the CA1961, he is deemed to be in charge of a dangerous thing.

Question 16

What are the rules in relation to probable consequence?

Answer 16

• Whether an outcome is known to be a probable consequence is a subjective appreciation of the offender where they must actually foresee the likelihood that their co-offender will commit another offence when committing the original offence agreed by both parties
• This does not require them to think that the commission of the offence is more likely than not, it will be sufficient where it can be demonstrated that they knew there was a substantial or real risk or that the offence could well happen
• However, where the person thinks that the risk of the offence being committed by their co-offender is neglible or only remotely possible, they they will lack the mens rea required

Question 17

When must participation have occurred in relation to parties to an offence?

Answer 17

To be considered a party, participation must occur before or during the commission of the offence and before the completion of the offence.

Question 18

Todd and jeff plan to kill cow for cash, Todd shoots and gives to jeff who sells it and gives Todd 30%, who is charged with what?

Answer 18

Both parties to theft.