October 29, 2013
• Need to haveActeus Reus and Mens Rea in a crime, maybe not both at once, but both elements
have to be there
Parties to an Offence
21. (1) Every one is a party to an offence who; in addition to perpetrator, who helped
a) Actually commits it; perpetrator
b) Does or omits to do anything for the purpose of aiding any person to commit it; or; party
to an offence, still has acteus and mens rea (mainly mental); does or omit anything for the purpose of
helping another person, don’t have to know its actually an offence, you simply have to know facts; if you
know these facts and help/omit anything, you are guilty.
• Ex: you’re walking home one night at 3 am, before you get inside, you see some guy with a
ladder breaking into your neighbours house and you think “hey that guy is robbing that house, I
never liked the neighbours”, Ill help hold the ladder while he breaks in, you KNEW an offence
was being committed and you did something to aid in the purpose. If you omit to report it, you
ARE NOT an accessory.
• Ex: you work in a jewellery store, and you have a friend who likes the jewels and wants you “to
accidentally lock the doors” while he takes the jewels, you have OMITTED to do something, and
you did it for the purpose of aiding someone to commit the offence, YOUREANAIDER and will
be charged with robbery.
• In order for to be an accessory, the other guy has to have committed the offence, there is nothing
you can be an accessory to if the crime was not committed, doesn’t necessarily mean there has to
be conviction. If the actual person who commits the crime dies before the trial for example, you
can still be charged.
c)Abets any person in committing it; not helping the person but encouraging in some fashion,
the offence. NEED TO BE PRESENT
Dunlap V Sylvester: two guys charged with rape, victims identified them in being there, she
couldn’t remember everyone who had raped her, they were standing around watching her, they were
charged with the actual offence, they did nothing to aid but by their presence and lack of protest, that
amounted to encouragement, HOWEVER court decides mere presence is not enough to constitute
abetting. There is no law making you obligated to report criminal activity occurring except for treason or
when a police asks you, only two times you have a legal obligation, otherwise you can stand and watch.
• Cannot be convicted of something you weren’t charged with it, cannot be charged with attempt if
the full offence was acted out, court will choose one or the other
• If you are an accessory to a crime, you will be charged with the full and same offence as the
actual perpetrator, even if you actually did not for example, go in the bank and take the money
Common intention; an extension of accessory route 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.
• If one of them commits an offence during their crime, and the other one did not, they BOTH will
be charged. EX: bank is robbed, and you bring a baseball bat with you (charged with robbery,
assault) and hurt people, your friend waits in the car (charged with aiding, and POSSIIBLY
assault) the friend ought to have known assault would have occurred, maybe not if it was sexual
Person counselling offense
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.
Ex: you tell your friend you are having troubles paying tuition, and you tell them to get a fake
gun and go rob the bank, you could be guilty. Similar to aiding an offence. You give someone an idea and
they actually carry it out.
• Used with hit man. Wife hires hetman to kill husband, and he does it, wife has counselled the hit
man to carry out the offence, wife is just as guilty.
(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.
(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
• Ex: If you hire an undercover police wit