Parties to the Offence Flashcards
1) Police Sgt watching Constables assault prisoner? (legal duty)
- The police Sgt is liable as secondary party to the assault
2) Actual proof of assistance is required, what are some examples? SA
- 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
3) Define Secondary Offenders – MC and SA
Those who assist the principal offender(s):
- Before or during the commission of an offence. Their liability generally lies within the scope of s66(1)(b), (c) or (d).
- Where the act was part of the original planning, (e.g. 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 for an offence that is already complete. In such a case they would be liable as an accessory
4) What constitutes a party?
- Everyone is a party to and guilty of an offence who:
a. Actually commits the offence, or
b. Does or omits an act for the purpose of 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 the offence
5) What is Section 66(2) CA61
When two or more people agree to work together to achieve an unlawful act and help each other to do so, they are all responsible for any crimes committed by any member of the group if:
- The crime was a likely result of their shared plan.
- They knew or should have known that the crime could happen as a result of their actions.
Where 2 or more persons 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 in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose
6) What is an innocent agent?
- Unaware of the significance of their actions
- Cannot be convicted as a secondary party
- Used by an offender to bring about the actus reus, the act completed is considered to be the act of the offender.
8) What are main points in R v Renata
- Three offenders beat the victim to death in the car park of a tavern. 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 offender satisfies the ingredients of the offence committed.
- Each offender separately satisfies the actus reus
9) Define aids
- To aid means to assist in the commission of the offence, either physically or by giving advice and information
10) Define abets
- Abets means to instigate or encourage; that is, to urge another person to commit the offence.
11) Define Procures
- 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 of payment.
12) Define Incites
- To incite means to spur on, stir up, stimulate, urge, rouse or animate a person to commit the offence
13) Define Counsels
- Counsels means to intentionally instigate the offence by advising a person on how best to commit an offence or planning the commission of an offence for another person.
- It is sufficient that the counsellor knows than an offence is to be committed, they do not need to know the specifics such as target address or victim.
- There is no need for the person to be completely familiar with the offence intended.
14) Legal Duty - Parties to offences – MC
- An army sergeant 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 sergeant has a power of control over the subordinate and a lawful duty to prevent such incidents and intervene.
15) What was held in Ashton v Police in relation to Legal Duty
- 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 CA61 he is deemed to be in charge of a dangerous thing.
16) What are the rules in relation to probable consequence
- 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 negligible or only remotely possible, then they will lack the mens rea required.