PARTIES TO AN OFFENCE Law 12

Agenda Who was missing? Catching up and debriefing… Parties to an Offence Vocab Match UP Aiding and Abetting crimes (violent and otherwise)

Parties Involved in Violence Learning Target: Students will be able to tell the difference between aiding and abetting when provided with a given scenario. Students will be able to determine the parties to an offence. (involvement in a crime)

Perpetrator Aiding Abetting Counselling Accessory After the Fact

Vocabulary 1. Perpetrator 2. Counseling 3. Criminal Attempt 4. Conspiracy A.A crime that involves advising, recommending, or persuading another person to commit a criminal offence. B.An agreement between two or more people to carry out an illegal act, even if the act does not actually occur. C.The person who actually commits the crime. D.The intention to commit a crime, even when the crime is not completed

From violence to involvement We have looked at a number of cases of murder, manslaughter and attempted murder which involved more than one person. This often complicates things and the responsibility for a death or other crimes is rarely in the hands of just ONE person.

AIDING OR ABETTING AIDING Aiding means to help someone commit a crime ABETTING Abetting means to encourage someone to commit a crime

Aiding and Abetting in Gatsby WtYk

The Crown must prove 2 things to convict someone of aiding or abetting: 1.the accused had knowledge that the other person intended to commit the offence 2.the accused actually helped or encouraged the person to commit the offence

Dunlop and Sylvester v. The Crown the landmark decision of the Supreme Court of Canada of the criminal offence of aiding and abetting. Summary: Two teenagers, Dunlop and Sylvester, were members of a motorcycle club. One evening they went to a party held by the club where other members were involved in a gang rape of a teenage girl. Although they had not directly participated in the rape they were charged with aiding and abetting

Dunlop and Sylvester v. The Queen Legal Issues: had the teens participated enough to have aided or abetted the rape under section 21(1) of the Criminal Code Did the accused have a common intention to rape the victim under section 21(2) of the Criminal Code. Outcome: The Court held that for a conviction for aiding and abetting the mere presence of the accused is not enough, there must be something more. Encouragement is needed Accused were acquitted

ACTION: Can you provide an example of aiding and an example of abetting?

Ocean’s 11 “Plans”

Counselling 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 counseled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counseled. (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 counseling that the person who counseled knew or ought to have known was likely to be committed in consequence of the counseling.

ACCESSORY AFTER THE FACT An accessory after the fact is someone who helps a criminal escape detention or capture This may include providing food, clothing, or shelter to the offender EXCEPTION TO THE LAW: the relationship between a legally married couple (i.e. you cannot be held responsible for assisting in the escape of your spouse)

ACTION: Why do you think the courts implemented this exception? Do you think that it is fair?

AIDING, ABETTING, ACCESORY AFTER THE FACT OR NO CRIME? I tell my friend to steal some chocolate in exchange for my homework I provide the getaway car for my friend in a bank robbery I am being held at gun point and told to steal from a convenience store

I am sitting in the movies with my friend who comes back with popcorn and we both get kicked out because he stole the popcorn My husband comes home after robbing a bank and I don’t inform the police I take a package from my friend, not knowing its contents and the police come and arrest me for possession of marijuana. I urge my friend to steal his parent’s car so that we can go downtown

Now… Page 156 Questions 2-5 Page 158 Question 12 Case Study Sheet Walter lives on a residential block with shared driveways where overnight parking is not allowed. He works the night shift at a local laboratory, and by the time he gets home, his neighbour has parked in the driveway. For parking on the street, a traffic officer has given Walter several parking tickets over the past three months. Walter feels that the officer is picking on him. After the sixth ticket, he is so angry that when he sees the officer, he calls him a “bloodsucker” and threatens to “get him”. Finally, Walter offers to pay Cecil, an acquaintance of his, $500 to beat the officer with a baseball bat. Cecil takes the $500 in cash and then tells the officer what Walter has asked him to do. The officer arrests both Walter and Cecil and charges them with criminal conspiracy. The Crown brings the case to court.