Flashcards in Parties Deck (18):
What section does parties come under in the Crimes Act 1961?
What are the ingredients of 'parties to' offences
(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.
Describe section 70(1) and (2), Crimes Act 1961 in relation to 'parties to' offending
(1) Everyone who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled, or suggested.
(2) Everyone who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knew to be likely to be committed in consequence thereof.
When must participation take place to consist of an attempt?
Participation must have occurred before or during (contemporaneous with) the commission of the offence and before the completion of the offence.
Assistance provided after the event is an 'accessory after the fact'.
R v Pene (1980) - MUST KNOW
A party must intentionally help or encourage - it is insufficient if they were reckless as to whether the principal was assisted or encouraged.
Define: principal party
A person will be a principal offender (s66(1)(a)) if they satisfy the actus reus and mens rea required for the offence.
Define: Secondary party
Secondary parties are those who assist, abet, incite, counsel, or procure sufficiently to be liable under s66(1) (b), (c) or (d).
R v Renata (1992) - MUST KNOW
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 three 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)
To aid means to assist in the commission of the offence, either physically or by giving advice and information. The secondary parties (the person aiding) presence is not necessary when the principal offence is taking place, although this might be the case depending on the circumstances.
Larkins v Police (1987) - MUST KNOW
While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
Give three examples of assistance in regards to being a 'party to'
- Keeping a 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.
Abet means to instigate or encourage; that is to urge another person to commit the offence.
Example: A husband discovers his wife with another man. A fight breaks out between the two and the wife encourages the man to kill her husband.
Ashton v Police (1964) - MUST KNOW
In relation to a secondary party being liable through lack of taking any action to stop an incident:
An example of secondary party owing a legal duty to a third person is a driving instructor. That person is, in NZ under a legal duty to take reasonable precautions because they are deemed to be in charge of a dangerous thing.
R v Russell (1933)
The accused was charged with the murder of his wife and two sons. After an argument between him and his wife, his wife took his two sons and jumped into a swimming pool with both children. The court found that the accused was morally bound to take active steps to save his children. His deliberate abstention from doing so, and his approval by his presence combined with lack of action caused him aiding and abetting, thus a secondary offender
To incite means to stimulate, animate, urge or spur on a person to commit the offence.
Example: A sports fan spurs on another fan to assault a protester and yells approval while the offence takes place.
Counsels means to intentionally instigate the offence by advising a person on how best to commit an offence.
It is not necessary the counsellor knows exact details of the offending, however they must be aware an offence of that kind was to take place.
Procurement is setting out to see that something happens and taking the appropriate steps to ensure that it does.
It requires a stronger connection between the secondary offender and principal than aiding, abetting or inciting.
Example: A woman obtains the services of a "hit man" to kill her husband and offers money or sexual services to him as payment.