Encourage/abet

Question 1

What offences are includes

Answer 1

66(1)(c) abetting,
66(1)(d) incites (provoke),
66(1)(d) counsels (advise)

Question 2

Step 1

Answer 2

Shriek:
1. There must be proof that actual or real encouragement was given. However, whether or not the encouragement had an effect on the 1o party is entirely irrelevant

Question 3

Step 2

Answer 3

Shriek:
2. The 1o party must be aware that the encouragement was given. In group situations, the 1o party need not be aware of the encouragement provided by each individual, they just needs to be aware that encouragement was given by the group.

Question 4

Step 3

Answer 4

Shriek:
3. The encouragement does not need to be the or a reason the 1o party committed the offence. If the offence would have been committed without the encouragement, the 2o party can still be convicted. However, there does need to be “some connection” between the encouragement and the offence.

Question 5

Step 4

Answer 5

Shriek:
4. Ahsin v R (2015 SC): the encouragement does not need to remain operative at the time the principal offence is committed. The 2o party’s actus reus is complete once the encouragement is given.