Parties Test Flashcards
(17 cards)
Police Sgt watching Constables asault prisoner?
The Police Sgt is liable as secondary party to the assault.
Actual proof of assistance is required, what are some examples?
- Keeping lookout for someone committing a burglary
- Providing a screwdriver to someone interfering with a motor vehicle
- Telling an associate when a neighbur is away from their home so as to allow the opportunity to commit a burglary
Define Secondary Offenders
Those who assist the principal offender(s) either before or during the commission of an offence are considered secondary offenders and thus their liability generally lies within the scope of s66(1)(b), (c), or (d).
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.
What is Crimes Act 1961 Section 66(2)
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.
What is an innocent agent?
An innocent agent is someone who is unaware of the significance of their actions.
In cases where the offenders use an innocent agent to bring about the actus reus, the innocent agent is not regarded as a participant in the offence, they are simply the mechanism. The law treats the offender as the principal in such cases.
An innocent agent cannot be convicted as a secondary party.
EXAMPLE:
An offender prepares a poison and puts it in a wine glass before handing it to a waiter for it to be given to the intended victim. Despite it being the waiter who gives the victim the poison, it is the offender who is responsible for the offence committed.
What was held in Larkins v Police in relation to aid
While it is unnecessary that the principal should be aware that he or she is being assited, there must be proof of actual assistance.
What are the main points in R v Renata
Three offenders beat a person to death in the car park of a tavern. The prosecution was unable to establish which blow was the ftal 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).
Define aids
To aid means to assist in the commission of the offence, either physically or by giving advice and information.
Define abets
Abets means to insitgate or encourage; that is, to urge another person to commit the offence.
Define procures
Procurement is setting out tot 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.
Define incites
To incite means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence.
Define counsels
Counsels means to intentionally instigate the offence by advising a person(s) on how best to commit an offence, or planning the commission of an offence for another person(s).
It is not necessary that the consellor knows the clear detail in respect of the offence to be committed; it is sufficient that they know that an offence of that kind was intended.
There is no specific need for the person offering advice or assistance to be completely familiar with the offence intended.
Legal Duty - Parties to offences
An army sergeant who watches as a subordinate assaults another person and doe snothing 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.
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 person to drive. That person is, in New Zealand, under a legal duty to take reasonable precautions, because uder S156 of the Crimes Act 1961 he is deemed to be in charge of a dangerous thing.
What are the rules in relation to probable consequence
Whether an outcome is ‘known to be a probable consequence’ is a subjective appreciation on the part of the offender (person A), where they must actually forsee the likelihood that their co-offender (person B) will commit another offence (offence B) when committing the original offence (offence A) agreed by both parties.
This does not require them (person A) to think that the commission of the offence is more likely than not. It will be sufficient where it can be demonstrated that they (person A) knew there was a substantial or real risk or that the offence (offence B) could well happen.
However, where the person (person A) think the risk of the offence (offence B) being committed by their co-offender (person B) is negligible or only remotely possible then the mens rea required on the part of person A will be lacking.
When must participation have occurred in relation to parties to an offence
To be considered a party to the offence, participation must have occurred before or during (contemporaneous with) the commission of the offence and before the completion of the offence.
