Law 2101 Study Guide - Quiz Guide: Gang Rape, Indictable Offence, Abet
Document Summary
Dunlop and sylvester v. r: gang rape of a woman, they didn"t actually do it, but were present and identified. More than mere presence is needed for culpability. [guilty of other offences knows or ought to know likely to be committed] (3) for the purposes of this act, counsel includes procure, solicit or incite. 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) An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape. Unsuccessful counseling: depends on another person actually having committed the offence. Crown must prove that she has committee the offence. Can be charged of counseling on its own.
