What is the test for a defendant to be convicted as a party to the offences involved in home invasions?
Ontario, Canada
The following excerpt is from R. v. Brown, 2021 ONCA 678 (CanLII):
First, the appellant’s convictions as a party to the offences involved in the home invasions do not, in this case, create a meaningful dissimilarity to his convictions as a principal in the predicate offences. A person may be convicted as a party only where their conduct has extended beyond presence at the scene or passive acquiescence. They must have engaged in encouragement of the principal, or an act which facilitates the commission of the offence, or an act which tends to prevent or hinder interference with accomplishment of the criminal act: Dunlop and Sylvester v. The Queen, 1979 CanLII 20 (SCC), [1979] 2 S.C.R. 881, at p. 891.
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