Associated Murder Charges caselaw

Question 1

R v Murphy

Answer 1

When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence. For example, in a case of attempted murder it is necessary for the Crown to establish an actual intent to kill.

Question 2

R v Harpur

Answer 2

[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…the defendant’s conduct [may] be considered in it’s entirety. Considering how much remains to be done…is always relevant, but not determinative.

Question 3

R v Mane

Answer 3

For a person to be an accessory the offence must be complete at the time of the criminal involvement. One cannot be convicted of being an accessory after the fact of murder when the actus reus of the alleged criminal conduct was wholly completed before the offence of homicide was completed.