This lesson introduces aiding and abetting as a form of participation in a crime and explains how Canadian criminal law treats people who assist or encourage an offence.
Aiding and abetting is a legal doctrine that can make a person criminally responsible for assisting or encouraging another person to commit an offence. The person charged need not have personally carried out the central criminal act. A court may treat an aider or abettor as guilty even when another person was the principal offender.
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Aiding and abetting
Participation in another person's offence by intentionally assisting or encouraging its commission, subject to the relevant jurisdiction's rules.
Canadian Criminal Code section 21(1)
It recognizes committing an offence, acting or omitting to act to aid it, and abetting another person as ways to be a party.
Civil aiding-and-abetting liability
It requires an underlying duty breach and injury, knowing and substantial assistance, and awareness of the assistance's role.
18 U.S.C. § 2(b)
It covers willfully causing an act that would be a federal offence if performed directly.
Art and part
The Scottish term for participation in another person's offence, addressed in section 293 of the Criminal Procedure (Scotland) Act 1995.
Quiz questions
Under 18 U.S.C. § 2(b), what conduct can make a person punishable as a principal?Answer: Willfully causing an act that would be a federal offence if performed directly.
Under the U.S. federal rule described, what must the prosecution establish about the principal offender?Answer: It must establish that a crime occurred, but need not necessarily identify who committed it.
Under *R v Jogee*, what is central to an accessory's liability for the principal's crime?Answer: The accessory intended to assist the principal and had the mens rea required for that crime.
Which legislation provides the similar accessory-liability rule for summary offences in England and Wales?Answer: Section 44(1) of the Magistrates' Courts Act 1980.
How does 18 U.S.C. § 2 treat a person who aids or abets a federal offence?Answer: The person is punishable as a principal.