Law 2101 Lecture Notes - Lecture 13: Regulatory Offence, Indictable Offence, Summary Offence
3 Nov 2016
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Parties to an offence: no separate charge for being an accessory, they are still charged with full crime i. e. getaway driver is still charged with robbery, 21(1) everyone is a party to an offence who: actually commits it, does or omits to do anything for the purpose of aiding any person to commit it, abets any person committing it (encouragement) Aiding simplest method to conviction through accessory charges, helping in any way. Abetting anyone who encourages intentionally by expressions, gestures, or actions intended to signify approval. Mens rea is still relevant, have to intend to aid or abet: know there is an offence, and intend to do or omit something to aid, or intend to abet the offence. Derivative culpability: accessories guilt depends on the perpetrators guilt: however, does not require a conviction of perpetrator, crown must prove there was a perpetrator who committed an offence and other person was a party to the offence.
