Aiding and abetting a criminal offence definition

Generally, though, a mere passive presence during the commission of an offence, without any positive actions, does not amount to aiding an offence. Counselling or procuring someone to commit an offence Counselling is taken to mean the encouragement of the commission of an offence, whether by word or actions.

Procuring involves intentionally causing or commissioning the commission of an offence. Importantly, it does not matter if the offence actually committed is the same as that counselled or a different one, provided that the facts constituting the offence committed are a probable consequence of carrying out the acts counselled. That term is used to describe someone who helps an offender escape punishment after the offence has been committed. Examples of being a party to a crime A simple example of a party to a crime is someone who acts as a getaway driver as part of a bank robbery.

That person might not go inside the bank, or share in the proceeds of the robbery, but they can nonetheless be convicted of the robbery given their role as aiding the commission of the crime. Other examples include hiring procuring someone to commit an offence such as to assault or kill someone.

A woman whose male partner assaults another male for his conduct towards the female does not commit any offence by passively watching her partner assault the other male. In other words, one can be a party to an offence even where one of the parties goes beyond the original plan entered into. For example, where a group of unarmed youths agree to rob a service station and then, to the surprise of the others, one offender pulls out a knife mid-robbery.

In this scenario, all the robbers can be convicted on the basis of an armed robbery, even though most were initially unaware of the knife. This is because the use of the knife was a probable consequence of their unlawful plan to rob the service station. All participants in the common purpose in this scenario, to rob the service station , are liable for any offence committed by one of them in the furtherance of their common purpose, as long as the offence was a probable consequence of putting the plan into action.

What are the consequences of being charged as a party to an offence? What if a person allows the accused to stay with them after learning that there is a warrant for the accused arrest? As you can imagine, it is very difficult to draw a bright line that says what is aiding and abetting or accessory.

The determination generally requires evaluating numerous situational factors. Most would agree that knowingly providing someone a tool with the purpose of committing a crime would qualify. The opinion might change if you imaging providing someone a computer software that allows individuals to share pirating music content. Simply providing information about the opportunity to commit a crime may not seem like a crime to most people.

Most people would consider harboring an accused individual to be a crime. That perspective may change if that person is a family member or friend. Practice Question Hank commits a violent crime and is on the run from the police. Prior to committing the crime, he expressed to his friend, Joanna, that he needed a handgun to rob someone.

Joanna, ever the loyal friend, helps him acquire the gun. After the crime is committed, Hank flees and asks his mother Edith for help in leaving the state.

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