law_pp_12

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Involvement in a Crime
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Division of Blame

In a crime, the act is normally not carried out by just one
person. How does the law divide blame amount the various
offenders?
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The Perpetrator

The person who actually commits the criminal offence.

If more than one person is involved in committing a crime,
they are called co-perpetrators.

The person must be present at the scene of a crime to be
identified as either a perpetrator or a co-perpetrator.
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Aiding & Abetting

May not be directly involved but may be considered partly
responsible. These individuals are parties to an offence.

In criminal law, aiding means helping a perpetrator commit
a crime. One does not have to be present when the offence is
committed.

Parties to an offence and aiding are individuals who help the
perpetrator.

Abetting means encouraging the perpetrator of a crime
without actually providing physical assistance.
** Note: A person is not guilty if they have knowledge of a
crime or were present at the scene. They must be aware that a
criminal action was intended and must have committed some
action that assisted the perpetrator.
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Counselling & Accessory after the
Fact

Counselling involves advising, recommending, or
persuading another person to commit a crime.

Do not have to be present at the scene of the crime to be
guilty.

A person is considered to be an accessory after the fact if
they knew that someone was involved in an offence and
received, comforted, or assisted that person in escaping from
the police.

These individuals are people who did not participate in or help
plan a crime.
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Party to Common Intention

The shared responsibility among criminals for any additional
offences that are committed in the course of the crime they
originally intended to commit.

For instance – if six people hijack a security truck and one of them
shoots and kills the driver, all six can be charge with murder.
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Incomplete Crimes

When we talked about actus reus and mens rea, we noted that
the criminal act needs to be completed for a crime to exist.
These are exceptions to this rule: criminal attempt and
conspiracy:

Attempt – the intention to commit a crime but, for some reason,
failed to carry it through. An attempt does not require actus reus
but the guilty act begins the moment preparation turns into
action. The crown just needs to prove that they took some steps
towards committing the crime.

Conspiracy – An agreement between two or more people to
perform an illegal act. It does not matter whether the act is
actually carried out.
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