Burnard v Police - [1996] 1 NZLR 566

Criminal law — Parties — Unlawful assembly — Appellant in police custody — Appellant inciting members of unlawful assembly agitating for his release — Whether person not a member of unlawful assembly can be guilty of being a secondary party — Crimes Act 1961, ss 66, 86(1)(a) and 86(4).

Criminal law — Offences — Unlawful assembly — Appellant in police custody — Appellant inciting members of unlawful assembly agitating for his release — Whether person not a member of unlawful assembly can be guilty of being a secondary party — Crimes Act 1961, ss 66, 86(1)(a) and 86(4).

Criminal law — Sentence — Previous suspended sentence for assault — Appellant being secondary party to unlawful assembly — Whether suspended sentence should be activated — Observations as to purpose of suspended sentence — Criminal Justice Act 1985, s 21A(4).