INVOLVEMENT IN A

CRIME

The person who actually commits the criminal

offence.

When two or more people are directly involved

in committing a crime, they are called co-

perpetrators.

Example: Robbing a bank.

The person actually has to be present at the

scene of the offence to be a perpetrator or co-

perpetrator.

THE PERPETRATOR

Parties to an offence are those people

who are indirectly involved in committing

a crime.

A criminal offence that helps a

perpetrator commit a crime.

One does not have to be present when the

crime is committed.

AIDING

Is the crime of encouraging the perpetrator to

commit an offence without providing physical

offence.

A person is not guilty of aiding or abetting just

because they have knowledge of a crime or

they are present at the scene.

They must know that the crime was intended

and must have assisted the perpetrator in

someway.

ABETTING

A crime that involves advising, recommending,

or persuading another person to commit a

criminal offence.

Person does not have to be at the scene of the

crime to be guilty.

COUNSELLING

Someone who knowingly receives, comforts,

or assists a perpetrator in escaping from the

police. Ex. Hiding them, providing them with

assistance

ACCESSORY AFTER THE FACT

The shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit

Ex: “If six people hijack a security truck and one of them shoots and kills the driver, all six can be charged with murder.” (175, LIA)

PARTY TO COMMON INTENTION

When we were introduced to actus reus

and mens rea we said that the criminal

act had to be completed for the crime to

exist. However, there are some

exceptions to this rule.

Two major incomplete crimes:

Attempt

Conspiracy

INCOMPLETE CRIMES

Attempt which is the intention to commit a crime

even when the crime is not completed. The attempt

does not require actus reus but the physical act of

guilt begins when preparation turns into action to

commit the offence. The Crown must show that the

accused had necessary intent and took obvious steps

to commit the crime.

Ex: Terrorist bombing

ATTEMPT

An agreement between two or more people to

carry out an illegal act, even if that act does

not actually occur.

Agreement between two or more people to carry out

an offence even if it does not actually happen or they

change their mind. They are guilty because they

agreed to commit the crime.

Ex: Hiring a hit man that turns out to be an

undercover cop.

CONSPIRACY