Parties s66(1) Flashcards
party to - section and ingredients
section 66(1)
Everyone is party to an offence who
- actually commits the offence
- does or omits an act for the purpose of
- aids
- abets
- incites
- counsel
- procures
R v Renata on parties to
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)
what does it mean to “aid”
to assist in the commission of the offence either physically or by giving advice or information
R v Tauranga - the person aiding is not required to be present at the scene, the central question is whether the accused did in fact help the principal party
what are some examples of assistance
- keeping lookout during a burglary
- providing screw driver to someone interfering with vehicle
- telling an associate when a neighbour is away from home to give them the opportunity to commit a burglary
what does “abets” mean
to instigate or encourage, to urge another person to commit an offence
R v Makita and R v loper
- mere presence by itself which does not encourage is insufficient, however deliberate presence intended to signify approval of the acts of the principal will support an inference of encouragement in fact
what does it mean to “incite”
- to rouse, stir up, stimulate, animate, urge or spur a person on to commit an offence
eg. sports fan spurs on another fan to assault a protestor and yells approval while offence takes place
what does it mean to “counsel”
- to intentionally instigate the offence by advising a person on how best to commit it
eg. R v Baker where letter authored by another party and instructed how to blow open a safe
what does it mean to “procure”
- setting out to see that something happens and taking steps to ensure it does
eg. woman obtains services of a hitman to kill her husband
