Parties to an Offense

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-27-9 (parties to offenses). The Appeals Panel held that § 31-27-9 provides for liability when a defendant is a party to another substantive offense, but does not in and of itself serve as grounds for the imposition of civil liability. The Court held that because the trial magistrate found the defendant guilty under § 31-27-9 (parties to an offense), but not under another substantive offense of the motor vehicle code to which he was charged with being a party, the trial magistrate’s decision constituted an error of law. Accordingly, the Court reversed the trial magistrate and remanded with instructions to dismiss the violation.

Ciullo, J., concurring: The judge believed that § 31-27-9 did provide for the imposition of liability in and of itself as a separate substantive offense. However, because the state had not met its burden of proving by clear and convincing evidence that the defendant was a party to an offense he concurred in the judgment that the magistrate’s decision should be reversed and the charge against the defendant should be dismissed.

City of Providence v. Patrick McCracken C.A. No. T09-0029 (August 18, 2009).pdf