+1-416-748-1640
·
ayaz@amehdilaw.com
·
Mon – Sat 09:00 – 18:00, Sun By Appointment Only.

AIDING AND ABETTING CRIME

AIDING-AND-ABETTING-CRIME

In case of any crime, you would normally picture a person committing an offence directly. For example, in the event of a robbery, you would imagine an armed individual barging into a corner store, with a raised gun, telling the clerk to empty the register into a sack. But what about the people who helped or encouraged this hypothetical criminal along the way. What about the friend he has waiting in a running car just across the street to help him flee away? What about the customer in the store angry about the high price of a product yelling, “Yeah you get him, that rip off artist!”? – Are these people also guilty of any crime? The answers respectively are yes and maybe, because of the concepts known as aiding and abetting.

According to Section 21 of the Criminal Code states:

21 (1) Everyone is a party to an offence who

(a) actually commits it;

(b) does or omits to do anything for the purpose of aiding any person to commit it; or

(c) abets any person in committing it.

In other words, you can be found guilty of an offence even if you yourself did not commit it, but you aided or abetted another party to commit a crime.

Aid

To aid someone in the commission of a crime is a more straightforward concept than to abet the commission of a crime. As the term implies, aiding involves assisting in the commission of the crime. It should be noted that the assistance in the commission of the crime must be intentional. For example, if 5 kilometers from the crime scene the getaway car stalled, and a friendly stranger assisted the fleeing criminals by giving them a boost. This stranger would not be guilty of aiding despite his actions helping them get away, because he was unaware and only unintentionally aided in the commission of the offence. Likewise, if at gun point a toll booth operator opened the gate and allowed the getaway car onto the highway, they would not be aiding in the commission of the crime.

Abet

Abetting in the commission of an offence means the party is encouraging, instigating, promoting, or procuring a crime. For example, causing a fight to be started, or cheering on a party committing a crime may amount to abetting, if it was a factor in the crime being committed. Merely being present and failing to stop a crime is usually not enough to count for aiding or abetting, there must generally be some action, so if you see a crime and do nothing, generally it does not amount to abetting the crime. An exception could be made where a party had a legal obligation to act (such as a parent to protect a child). Non-action may also count as aiding and abetting if an omission was intentional to assist the crime, such as a bribed security guard intentionally not looking at security cameras during a robbery.

If you have been charged with any crime, it can be a frightening prospect to have to face the legal process on your own. The safest course of action to protect yourself is to hire a criminal lawyer to protect your rights. “Ayaz Mehdi Professional Corporation” is a full-service firm that has experienced Lawyers to help you navigate through such matters.

Disclaimer: Use of this site and sending or receiving information through it does not establish a solicitor – client (Attorney-Client) relationship. The views expressed and the content provided on this blog is for non-profit educational purposes. It is not, and is not intended to be, legal advice on any specific set of facts. The use of this website does not create a solicitor-client (attorney-client) relationship. If you require legal advice, you should contact a lawyer directly.

Related Posts