The document discusses different types of involvement in crimes. A perpetrator directly commits the criminal offense, while co-perpetrators work together to commit the crime. Parties to an offense indirectly help by aiding, abetting, counseling or being an accessory after the fact. There is also shared liability under the doctrine of common intention if additional crimes are committed during an intended crime. Attempts and conspiracies are incomplete crimes where the criminal act was not completed but there was intent and steps taken (for attempts) or an agreement (for conspiracies) to commit the crime.
2. 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
3. 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
4. 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
5. 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
6. 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
7. 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
8. 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
9. 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
10. 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