Parties to an Offence CLU 3MR Lesson 52

Parties to an Offence Learning Goal: Explain how people can be charged with a crime, despite not actually participating in the crime. Elements of a crime (pages 125-130) Note on ‘Parties to an Offence’ Case Studies: pages 128, 131, 132 Homework: Read pages 134-138. Complete ‘Review Your Understanding’ questions on page 138.

Task: Make a brief note on the definitions and explanations of the various elements to a criminal offence. (beyond actus reus and mens rea) Pages 125-130 Include: Intention Criminal state of mind Willful blindness Recklessness Criminal negligence Knowledge Motive Attempt Conspiracy

Parties to an Offence Section 21 of the Criminal Code

Aiding to help someone commit a crime

Abetting to encourage someone to commit a crime To be proven: i) the accused had knowledge that the other was planning to commit a crime ii) must actually help or encourage the other   Just being at the scene of the crime isn’t enough However, under Section 21 (2), someone who plans a crime is held just as guilty as the person who commits the crime Urging or suggesting that someone commit a crime can receive the same penalty as actually attempting it!

Accessory after the Fact Helping a criminal escape detention Includes providing food and shelter Only exception is when you are helping your legally married spouse and someone escaping with your spouse Dates back to traditional idea of a wife being one with her husband Some argue that this doesn’t reflect current values and should be changed

Case Studies: R v Williams (page 128) R v Goodine (page 131) R v Lindsay (pages 132-133) Homework: Read pages 134-138. Complete ‘Review Your Understanding’ questions on page 138.