CRIM 230 Lecture Notes - Lecture 9: Actus Reus, Indictable Offence, Gay Bashing

• School: UFV
• Department: Criminology/Criminal Justice
• Course: CRIM 230
• Professor: Simon Thomson

Document Summary

Modes of participation in crime and incomplete offences. Several ways to be a party to an offence: actually commits, aids (by overt act or omission, abets, counsels, common intention. The criminal charge is for the substantive offence. Person who actually does the prohibited conduct is the principal. Principal is almost always present when the actus reus occurs. In rare cases, the principal can act through an innocent agent: berryman case, forgery committed through an innocent third party, cogan case, principal acting through an innocent agent. Definition of abetting: instigating, promoting, procuring, encouraging. Crown must show that the accused (aider or abettor) actually assisted or encouraged the principal. Must be more than mere presence at a crime scene or passive acquiescence. Examples: encourage the principal, do something that facilitates the commission of the crime, do something that prevents someone from stopping the crime. Crown must show that the accused (aider or abettor) intended to render assistance or encourage the principal.