This Lecture Covers:
EXTENSIONS OF CRIMINAL LIABILITY
Chapter: 9. Aiding and Abetting
It is not only the person who actually performs the actus reus (the “principal” offender) who can be convicted of the offence. So too can those who aid (physically support) or abet (encourage) the accused to commit the offence. Indeed, persons who aid and abet one offence can, in some circumstances, be convicted of offences they did not intend to aid or abet, provided that offence is under s. 21(2) an objectively foreseeable outcome of the offence they did intend to aid or abet. In some cases such as murder or attempted murder, however, the accused must subjectively foresee the commission of a subsequent offence being committed as a result of carrying out an unlawful purpose under s. 21(2). This change to the application of s. 21(2) follows from the constitutionally required subjective mens rea of the crimes of attempted murder and murder. This underlines that those found guilty under s. 21(b) and (c) or s. 21(2) are guilty of the same crime as the principal offender. See R. v. Logan, [1990] 2 S.C.R. 731.
- See CC s. 21
- R. v. Dunlop and Sylvester, [1979] 2 S.C.R. 881
- R. v. Logan, [1990] 2 S.C.R. 731
- R. v. Briscoe, 2010 SCC 13 (reviewed above)
- R. v. JF, 2013 SCC 12
- R. v. Gauthier, 2013 SCC 32
- R. v. Cowan, 2021 SCC 45 (especially paras 27-45)
- R. v. Strathdee, 2021 SCC 40 (reviewed above)
- Roach pp. 173-181
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