Parties

Question 1

Define section 66(1)CA1961?

Answer 1

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.

Question 2

Section 66(2)CA1961?

Answer 2

Where two or more people form a common intention to commit an offence, each person is liable to every offence committed by any one of them in the prosecution of the common purpose, if the offence committed is a probable consequence of the common purpose.

Question 3

What needs to be proved for ‘parties to’?

Answer 3

-identity of the defendant
-an offence has been successfully committed
-the elements of the offence S66(1) have been satisfied

Question 4

Intention to help or encourage case law?

Answer 4

R v Pene
A party must Intentionally help or encourage- it is insufficient if they were reckless as to whether the principal was assisted or encouraged.

Question 5

When must participation in the offence occur to be a party?

Answer 5

Before or during the commission of the offence.

Question 6

Principal party?

Answer 6

Where they personally satisfy the actus reus and men’s Rea requirements of the offence.(There may be more than one principal offender)

Question 7

Secondary party?

Answer 7

Those who assist the principal offender(s) either before or during the commission of an offence and liability generally lies within the scope of S66(1)b,c or d.

Question 8

Multiple offender case law?

Answer 8

R v Renata
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).

Question 9

Explain does or omits an act?

Answer 9

The secondary party does not necessarily have to be present when the offence is committed.
Eg deliberately leaving a door unlocked for a burglary

Question 10

Aid meaning?

Answer 10

To assist in the commission of the offence,either physically or by giving advice and information.

Question 11

Proof of assistance case law?

Answer 11

Larkins v Police
It is not necessary that the principal party is aware they are being assisted however there must be proof of actual assistance.

Question 12

Examples of assistance?

Answer 12

-keeping a lookout for someone committing burglary
-providing a tool for interfering with motor vehicle
-informing an associate when a neighbour is away to create opportunity for burglary.

Question 13

Abets meaning?

Answer 13

To instigate or encourage another person to commit the offence.

Question 14

Legal duty case law?

Answer 14

Ashton v Police
An example of 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 NZ under a legal duty to take reasonable precautions. Because under S156 CA1961 he is deemed to be in charge of a dangerous thing.

Question 15

Special relationship case law?

Answer 15

R V Russell
When a man’s wife jumped in a pool with two children drowning them all, The court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention from doing so, and by giving encouragement and authority of his presence and approval to his wife’s act became an aider and abettor and thus a secondary offender.

Question 16

Incites meaning?

Answer 16

To rouse,stir up stimulate or spur on a person to commit an offence.

Question 17

Counsels meaning?

Answer 17

Means to intentionally instigate the offence by advising a person on how best to commit the offence.

Question 18

Procures meaning?

Answer 18

Procurement is setting out to see that something happens and taking the appropriate steps to ensure that it does.

Question 19

Common intention case law?

Answer 19

R v Betts and Ridley
An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.

Question 20

A question of fact?

Answer 20

Whether a defendant knew that furthering their common aim in a particular way would probably result in another of the parties committing a particular offence is a question of fact, on which the jury must decide.

Question 21

Probable consequences qualifications?

Answer 21

1-no requirement for one party to know the precise manner in which the offence is to be committed by the other, they only need to realise the offence of that type is PROBABLE.

2-no requirement that one party FORESEES the CONSEQUENECES of the physical elements of the offence committed by the other party.

Question 22

Define innocent agent?

Answer 22

Is someone who is unaware of the significance of their actions and cannot be convicted as a secondary party.

Question 23

How to establish involvement of parties?

Answer 23

-Reconstruction of the offence would indicate more than one person involved.
-principal offender admitting others present
-suspect or witness admitting to providing aid during interview
-receive information indicating others involved

Question 24

Time limits?

Answer 24

No difference in time limits associated with charging primary or secondary offenders.