4.6 Parties to an Offence CHAPTER 4 (CONT’D)
Only/News/Toronto/ID/ / Only/News/Toronto/ID/ / Do you agree with the court’s decision to charge, both, Bagshaw and Todorovic with the same sentence? Explain your reasoning Do you think Todorovic’s actions are considered to be an Actus Reus? Explain STEFANIE RENGEL MURDER CASE
Aiding: means to help or assist someone to commit a criminal offence. One does not have to be present when the offence is committed. This can involve giving advice or suggestions to someone on how to commit a crime. Example: Troy robs a store while Raj keeps a lookout for the police. Raj can be charged with aiding Troy in this crime. PARTIES TO AN OFFENCE
Abetting: Encouraging or urging another person to commit a crime Example: Tara complains about how much she hates her boyfriend and Sheila encourages her to hurt him. Sheila can be charged with abetting if Tara actually hurts her boyfriend. PARTIES TO AN OFFENCE
How was Todorovic aiding and abetting Bagshaw? Explain
Two things must be proved before an accused can be convicted of being a party by aiding or abetting 1.Accused had knowledge that the other intended to commit an offence 2.Accused aided or abetted the other. Mere presence at the scene is not conclusive evidence of aiding or abetting. A person is not guilty if his/her action is not intended to assist in the commission of an offence. HOW IS ONE ACCUSED?
Under section 21(2) of the Criminal Code, a person who aids or abets a criminal is just as guilty of the crime as the person who actually carries it out. Example: Patrick urges Paolo to steal a wallet from the gym change room. Patrick is inciting Paolo to commit an offence (abetting). If Poalo is caught trying to steal the wallet, Patrick would receive the same charge (attempted theft) and the same penalty as Paolo because he encouraged Paolo to commit the crime. PARTIES TO AN OFFENCE
If you are an onlooker who witnesses a criminal act, you are not guilty of aiding or abetting However, if you do anything that could be seen as urging or inciting a criminal, you could be guilty of abetting Read case on page 131 of your textbook and answer the question given IMPORTANT NOTE
Accessory after the Fact: someone who knows that a crime has been committed and who helps the person who committed the crime to hide or escape from the police Example: James kills someone and runs to his best friend Nick's house for help. Nick gives James some food, money, and the use of his car. Nick is an accessory after the fact for helping James evade the authorities. PARTIES TO AN OFFENCE
The relationship between a legally married couple (i.e. you cannot be held responsible for assisting in the escape of your spouse) Do you agree with this exception? ACCESSORY AFTER THE FACT
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 AIDING, ABETTING, ACCESORY AFTER THE FACT OR NO CRIME?
Organized Crime: A group of three or more people with a common identity for criminal purposes are considered organized crime. This typically includes street or biker gangs, but may also involve the mob, political protestors, or even members of an online social network like Facebook If a person helps to organize a gang-related offence, he or she may be found guilty of an organized crime, or criminal organization offence. PARTIES TO AN OFFENCE
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