INVOLVEMENT IN A CRIME

The Perpetrator and Parties to Common Intention

Involvement in a Crime
Not all crimes are the work of a single person A successful bank robbery for example requires

careful planning and co-operation among several people

The law divides blame amongst various offenders in

a single criminal case

The Perpetrator
The perpetrator is the person who actually

commits the criminal offence

Example: A lone person robbing a bank holds the

gun, collects the cash, and then escapes in committing a crime, they are known as co-perpetrators

When more than one person is directly involved

Example : Two people rob a bank with one

holding the gun and the other collects the cash

Parties to an Offence
Parties to an offence are people not directly involved

in a crime but are considered partly responsible for it

These people somehow assisted the perpetrator to

actually commit the crime

Section 21 (2) Where two or more persons form an

intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

Aiding
Aiding
Aiding is a criminal offence that involves helping a

perpetrator commit a crime

The person does not need to be present when the

crime is committed
Example: Pharmacy clerk Jennie-Mae gives her boyfriend Bob the key to the pharmacy so he can use it to break into the pharmacy and steal prescription drugs

Abetting
Abetting
Abetting is the crime of encouraging the

perpetrator to commit an offence without actually providing and physical assistance

Example: Gage assaults Kharthik in the

school parking lot, Corey eggs Gage on, urging him to hit Kharthik repeatedly

Think of how this could relate to school

Counseling
Counseling is a crime that involves

advising, recommending, or persuading another person to commit a criminal offence

Example: Emily persuades Shia to steal

goods from the store where she works by advising her the best way to do it

Accessory after the Fact

Accessory after the fact is when a person

knowingly receives, comforts, or assists a perpetrator escaping from the police

Example: Aaron knowingly lets Danielle

stay at his apartment, and provides her with food, clothing, and first aid after she was injured while escaping security guards after being caught shoplifting

Party to Common Intention

Party to common intention is the shared

responsibility among criminals for any additional offences that are committed in the course of the crime originally intended to commit
Example: Six people hijack an armoured

truck and one of them shoots and kills the driver, all six could be charged with murder

Incomplete Crimes
An action does not always have to be completed for a crime to occur, there are exceptions to this rule

Attempt
Attempt is the intention to

Conspiracy
Conspiracy is an agreement

commit a crime, even when the crime is not completed but a guilty act begins when preparation turns into an attempted action

Does not require Actus Reas

between two or more people to carry out an illegal act, even if the crime does not occur Example: You arrange a large drug purchase from an undercover police officer

Mens Rea is established as

occurring at the beginning of an attempt

Example: Trying to set off a bomb but it fails to explode