What is the test for determining whether a person can be found guilty of a common law offence?

British Columbia, Canada


The following excerpt is from A.J.E. v T.B.W., 2017 BCSC 1657 (CanLII):

Finally, Groberman J.A. referred with approval to the decision of Frankel J.A. in Austin v. Goerz, 2007 BCCA 586, and concluded his analysis by describing the test in the following terms (at paras. 23-25):

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