CRM 2300 Lecture Notes - Lecture 11: Mens Rea, Jodie Foster
9 Dec 2015
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General rule: presence alone is not sufficient to engage criminal liability. Gang raped by 18 men at the club house and identified dunlop. The accused denied the charge and testified that he attended a meeting at the club house. The judge chose to instruct the jury upon parties to an offence under s. 21 and it was in this respect that it was challenged. The appeal held that the judge erred in charging the jury with s. 21 when there no evidence that the accused had formed any common intention with those involved in the gang rape to commit rape. In this case there was no evidence that while the crime was being committed, either of the accused rendered aid, assistance or encouragement. [watch the accused with jodie foster: party to an offence. Section 21(2) and 487 c. c: actually committing the offence.
