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Watt’s Criminal Law and Evidence Newsletter | Lookout

A lookout can aid or abet an offender if the lookout’s presence helps the offender commit the offence



Watt’s Criminal Law and Evidence Newsletter



By: The Honourable Mr. Justice David Watt



R. v. Alcantara, 2015 CarswellAlta 1475 (Alta. C.A.)

[CL 4] — Aiding or Abetting and the Offence Committed

A connection must exist between the offence committed and the acts of aiding or abetting. But the connection need not be causative. Any act or omission that occurs before or during the commission of the crime, and which somehow and to some extent furthers, facilitates, promotes, assists or encourages the perpetrator in the commission of the crime is enough, irrespective of any causative role in the commission of the crime: R. v. Alcantara (August 13, 2015), Doc. 1203-0200-A, 1203-0199-A, 2015 CarswellAlta 1475 (Alta. C.A.) See, Tremeear’s Annotated Criminal Code, Criminal Code, s. 21, “Aids or Abets: ss. 21(1)(b); (c)”.

See, Watt’s Manual of Criminal Jury Instructions, Final 101-B, “Aiding”, Final 101-C, “Abetting”.

[…]

[CL 10] — Lookouts as Aiders or Abettors

A lookout can aid or abet an offender if the lookout’s presence helps the offender commit the offence, even if the lookout is not required to perform an active role: R. v. Alcantara (August 13, 2015), Doc. 1203-0200-A, 1203-0199-A, 2015 CarswellAlta 1475 (Alta. C.A.) See, Tremeear’s Annotated Criminal Code, Criminal Code, s. 21, “Aids or Abets: ss. 21(1)(b); (c)”.

See, Watt’s Manual of Criminal Jury Instructions, Final 101-B, “Aiding”, Final 101-C, “Abetting”.

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