Law 2101 Lecture Notes - Lecture 8: Mens Rea, Culpable Homicide, Self-Defense
3 May 2018
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Tuesday, October 31, 2017
Law 2101 — Class 3
Accessories!
-Parties to offence
•If someone is going to be guilty to accessory of offence, they are not convicted as
“accessory to robbery” they are convicted of robbery!
•You are convicted of actual offence!
•If there is a robbery and one does the robbery and the other drives the getaway
car, they both are convicted of robbery, the getaway isn’t convicted of accessory!
-21. (1) Every one is a party to an offence who (Mens Rea)!
•By definition, the person who is the accessory doesn’t actually commit the Actus
Rea but the Mens Rea, they intend to do something to help the per perpetrator
commit the offence!
a. Actually commits it;!
b. Does or omits to do anything for the purpose of aiding any person to commit it; or!
•The accessory has to know that there is an offence that is occurring or is going to
occur!
•Just has to know the facts that the crime is going down!
•It doesn’t matter if whatever he does isn’t helpful, it matters that something was
done!
•Walking down the street and see someone in a mask breaking into a house if you
do something for the purpose of aiding even it leads to the crime being foiled, you
are aiding !
•Their conviction depends on someone actually being convicted of committing the
offence (Derivative capability) !
-It doesn’t mean that they have to be convicted, may not be convicted for lots of
reasons, Died, fled!
-Prosecution just has to prove that someone committed the offence and that you
were accessory to it!
c. Abets any person in committing it!
-It is generally aiding or abetting !
-Abetting means encouraging in some fashion!
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Tuesday, October 31, 2017
-Mere presence at a crime is not enough to make you abetter, you must do something
to encourage the offence!
-There is no legal obligation to assist victim or alert authorities or to intervene in any
faction!
-Exception if police officer asks you to do so and you dont then you can be convicted
or if you are aware of plan of treason (Kill the queen) then you can be arrested.
Anyone else, you cannot!
Common Intention!
21. (2) Where two or more persons form an intention in common to carry out an
unlawful purpose and to assist each other therein and any one of them, in carrying out
the common purpose, commits an offence, each of them who knew or ought to have
known that the commission of the offence would be a probable consequence of
carrying out the common purpose is a party to that offence.!
-At least 2 people and at least 2 crimes involved!
-You are getaway driver person robs bank and also hits teller with gun!
•You can be convicted of both!
-If it is murder, if you knew they were going to kill, you would be convicted of
murder
-But if you didn’t, but ought to have known, you would not be convicted — Only
exception!
Person counselling offence!
22. (1) Where a person counsels another person to be a party to an offence and that
other person is afterwards a party to that offence, the person who counselled is a party
to that offence, notwithstanding that the offence was committed in a way different from
that which was counselled.!
-Hitman!
-You wouldn’t be a party in regular ways but you would be in this provision!
-If you counsel, the hitman then you would be convicted of the actual offence of
murder!
(2) Every one who counsels another person to be a party to an offence is a party to
every offence that the other commits in consequence of the counselling that the person
who counselled knew or ought to have known was likely to be committed in
consequence of the counselling.!
-Not only guilty of offence that you conceled, but guilty of every offence that you
knew or ought to have known!
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Tuesday, October 31, 2017
(3) For the purposes of this Act, “counsel” includes procure, solicit or incite.!
Counselling offence that is not committed!
464. Except where otherwise expressly provided by law, the following provisions apply
in respect of persons who counsel other persons to commit offences, namely,!
(a) every one who counsels another person to commit an indictable offence is, if the
offence is not committed, guilty of an indictable offence and liable to the same
punishment to which a person who attempts to commit that offence is liable; and!
(b) every one who counsels another person to commit an offence punishable on
summary conviction is, if the offence is not committed, guilty of an offence punishable
on summary conviction.!
-Not a provision that makes you a party to the offence, it actually creates an offence!
-If the offence is not committed, you are convicted of counselling an offence under
464 — for when the original offence has not occurred!
-Paper wrote article about how to grow marijuana at home in 60s !
•Very detailed!
•Is offence to cultivate marijuana !
•People behind the newspaper were charged by equivalent of 464!
•Article ended with “Plant your seeds” That was encouraging/counselling to an
offence!
Accessory after the fact!
-Helping or cleaning up after the offence, escape or clean up knowing the offence has
occurred!
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