CRIM 230 Chapter Notes -Agent Provocateur, Intension, Indictable Offence
25 Jul 2013
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Chapter 7 modes of participation in criminal + inchoate offences. The various modes of participation in a criminal offence. The principle = person who actually commits an offence. His/her presence may be either actual or constructive : actual eg murder, principle = person who pulls trigger. Berryman 1990 - send in passport application for fake passports. Didn"t actually made" passport, but person who made the passport is the innocent agent": doctrine of innocent agency understandably has a somewhat limited scope. Verma (1996) a doctor charged for trafficking narcotic, by writing prescriptions court said innocent agent not entirely controlled by principle". Writing the prescription has no control over whether such an exchange of drugs for money will take place between purchaser and pharmacist. Aiding means actively providing assistance/help to the person who actually commits an offence. Crown must prove that the accused actively rendered assistance(ar) and did so with the intent to provide such assistance (mr)
