Law 2101 Lecture Notes - Abet, Mens Rea
13 Mar 2014
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Others beside actual perp can be convicted of the offence. A/r is doing or omitting to do anything to aid, needn"t be actual element of the offence: 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. 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. M/r: intend someone to be a party to an offence. C not a defence any more than producing a murder victim alive. Mistake of fact: mistake must be relevant. 2: standard for mistake to be viable.
