1. Parties to an Offence
CLU 3MR
Lesson 52

2. 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 )
Note on ‘Parties to an Offence’
Case Studies: pages 128, 131, 132
Homework: Read pages Complete ‘Review Your Understanding’ questions on page 138.

3. 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
Include:
Intention Criminal state of mind
Willful blindness Recklessness
Criminal negligence Knowledge
Motive Attempt
Conspiracy

4. Parties to an Offence
Section 21 of the Criminal Code

5. Aiding
to help someone commit a crime

6. 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!

7. 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

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