Parties To The Offence

Question 1

Is a police sgt liable for an assault if he watches a Constable assault an offender

Answer 1

Yes, he is a secondary party to the assault

Question 2

Actutual proof of assistance is required, what are some example (short answer)

Answer 2

Keeping looking out for someone committing burglary

Providing a screwdriver to someone committing a burglary

Telling an associate when a neighbour is away from their home so as to allow the opportunity to commit a burglary

Question 3

Define secondary offenders (MC and SA)

Answer 3

those who assist (principle offender PO) B4 during or after (BDA) commission of an offence (COA) are considered secondary offenders so they can be charged with S66(1)b,c, or d
To be a POA to an offence, the acts of the 2nd offender must be b4 or contemporaneous with act of principle offender(s)
If act was part of the original planning ie escape the person committing act would be deemed to be a principle party
However - 🤦‍♀️ Cannot be convicted as a party to an offence that is complete. They would be liable as accessory after the fact

Question 4

What constitutes a party and section

Answer 4

Section 66(1) CA61
(a) actually commits the offence or
(b)does or omits an act for the purpose or aiding any person to commit the offence or
(c) abets any person in the commission of the offence or
(d) incites, counsels or procures any person to commit any offence

Question 5

What is section 66(2) CA61

Answer 5

Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist leach other therein, each of them of a party to every offence committed by anyone of them in the prosecution of the common purpose of the commission of that offence was known to be a probable consequence of the prosecution of the common purpose

Question 6

What is an innocent agent

Answer 6

Unaware of the significance of their actions
Cannot be convicted as a secondary party
Where an innocent agent is used by an offender to bring about their actual 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 principle

Question 7

Larkins (case law)

Answer 7

Where it is unnecessary that the principal should be aware that he is being assisted, there must be proof of actual assistance

Question 8

What are the main points in R v renata

Answer 8

Three offender beat victim to death
Unable to establish which blow caused death
Court held of principle cannot be ID, it is suffice t to prove each person involved must have been principle or a party in one of the ways contemplated by S66(1)CA61
Each offender satisfies the ingredients of the offence committed
Each offender separately satisfies the actual reus

Question 9

Define aids

Answer 9

Assist in the commission of the offence either physically or by giving advice/information

Question 10

Define abets

Answer 10

Instigate or encourage
Urge another person to commit the offence

Question 11

Define procure

Answer 11

Setting out to see that something happens and taking the appropriate steps to ensure that it does
Requires secondary party deliberately causes the principle party to commit the offence
May be fraud persuasion words conduct such as offender payment

Question 12

Define incites

Answer 12

Spur on, stir up, stimulate, urge, rouse or animate a person to commit an offence

Question 13

Define counsels

Answer 13

Intentionally instigate the offence by advising a person how best to commit an offence or plan the commission of an offence for another person
Sufficient if counsellor knows that an offence is to be committed, they do not need to know the specifics such as target or address
There is no need for the person to be completely familiar with the offence intended

Question 14

Largely duty- parties to the offence
MC

Answer 14

Sergeant watches subordinate assault another person and does not attempt to prevent it. He would be liable as secondary offender. Sgt has power/control over subordinate and legal duty to prevent/intervene

Question 15

What was held in Ashton v Police in regard to legal duty

Answer 15

Example- secondary party owing legal duty to a third person or to general public is a person teaching another to drive. That person in NZ, under legal duty to take reasonable precautions, because under S156 CA61 he is deemed to be in charge of a dangerous thing

Question 16

What are the rules to probable consequence

Answer 16

Whether an outcome is known to be 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 that the commission of the offence is more than likely not, it will be sufficient where it can be demonstrated that they knew there was a substantial or real risk that the offence could well happen
However where the person thinks that the risk of the offence being committed by their co-offender is negligible or only remotely possible, then they will lack the men’s 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 have occurred B4 or during the commission of the offence and b4 completion

Question 18

Today and Jeff plan to kill a cow for cash, Todd shots the cow and gives it to Jeff who sells it and gives Jeff 30 percent. Who is charged with what

Answer 18

Both Todd and Jeff parties to theft