Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Parties to the commission of offences

70: Offence committed other than offence intended

You could also call this:

“When someone encourages another person to do a crime, they can be held responsible even if the crime happens differently than planned.”

If you encourage someone to commit a crime and they do it, you are also responsible for that crime. This is true even if they do it in a different way than you suggested.

You are also responsible for any other crimes that person commits as a result of your encouragement. However, this only applies to crimes you knew were likely to happen because of what you said or did.

This law applies when you tell, persuade, or help someone to be part of a crime. It doesn’t matter if you didn’t do the crime yourself. If you had a part in making it happen, you can be held responsible too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328514.

Topics:
Crime and justice > Criminal law
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69: Party to any other crime outside New Zealand, or

“You can get in trouble for helping someone do a crime in another country, even if you're in New Zealand.”

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71: Accessory after the fact, or

“Someone who helps a person who committed a crime to avoid getting caught or punished”

Part 4 Parties to the commission of offences

70Offence committed other than offence intended

  1. Every one 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. Every one 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.

Compare
  • 1908 No 32 s 91