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cl 3 summ.pdf

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Law 2101
Mysty Sybil Clapton

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Criminal Law – Lecture 3 Summary PARTIES TO AN OFFENCE Others beside actual perp can be convicted of the offence • anyone who knowingly aids, abets, or counsels someone to commit an offence can be convicted in addition to the actual perpetrator • the guilty non-perpetrator is called an accessory or a party • although the accessory has not personally committed, nevertheless convicted for the actual offence, rather than for some special offence of being an accessory Analysis here (as with Attempts) is also MAD as the accessory’s intention is the critical factor. S. 21: everyone is a PARTY to an offence who: a. actually commits it (perpetrator) b. does or omits to do anything for the purpose of aiding any person to commit it (aider) M/R is key: for the purpose of aiding 1. Know the offence is occurring (don’t have to know the criminal label, just have to know the facts and circumstances that constitute an offence) 2. Intend to help the Perp = PURPOSE to help • doesn’t have to be a prior relationship or arrangement between the perp and aider • doesn’t matter if what aider did is really not helpful • conversely, if did something that happened to help, but didn’t mean to – NOT an aider A/R is doing or omitting to do anything to aid, needn’t be actual element of the offence c. abets any person in committing it (abettor) [abet = encourage] M/R: knowledge of the circumstances (know the offence is occurring), intend to encourage offence A/R: do or omit something to encourage • pretty much have to be present; else, if not present, caught by s. 22 (counselling) Dunlop and Sylvester v. R • More than mere presence is needed for culpability. – Did they encourage by not intervening? • No obligation to intervene or call the police except treason or if cop asks for help S. 21(2): extension of general accessory provisions if 2 or more people plan to commit a crime together, each can be convicted of any other offence that the partner commits in carrying out the plan if he knew or ought to have known that the other offence would probably result from committing the planned crime S. 22(1) Counselling offence Person who counsels another person to be a party to an offence is a party to that same offence • e.g., hire hit man to kill someone: both the killer and counsellor convicted of murder • still guilty even if offence done a little differently than counselled M/R: intend someone to be a party to an offence A/R: counsel (procure, solicit, incite) another to be a party AND he/she does subsequently become a party (i.e., offence actually happens) S. 22 (2) like 21(2): guilty of other offences knows or ought to know likely to be committed S. 464: counselling an offence that’s not committed • if offence is not committed, can’t be a party to a non-existent offence • instead charged with s. 464, a separate offence in itself 2 MISTAKE OF FACT C not a “defence” any more than producing a murder “victim” alive C wor
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