CRIM 230 Lecture Notes - Lecture 7: Mens Rea
29 Oct 2016
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Brutal sexual assault where accuseds charged along with 18 other gang members. Sylvester argued that they were simply present; they did not participate in the assault. Scc finds that merely being present, even with knowledge of the sex assault occurring, does not render the accused parties to the offence. Child abused by both parents dies after a severe head wound. Parents blame each other for the fatal blow. Crown argues that regardless of who delivered the blow, they are each parties to the offence for failing to protect the child, thus aiding each other"s abuse of the boy. Oca convicts as parties to the offence. Aiding includes an omission of duty failure to take steps to protect the child can be viewed as abetting the other parent to harm the child (in. Verdun-jones, p. 166): v. alcantara & knapczyk 2015 abca 258. Accuseds involved with hells angels & cocaine trafficking. Convicted of aiding, appealed on legal test for aiding.
