What is the test for a party to be convicted of assisting in the murder of an individual?
Ontario, Canada
The following excerpt is from R. v. Qaiser, 2004 CanLII 41176 (ON SC):
For the purposes of this application, the person aiding the individual who commits the murder must intend that the perpetrators kill or cause bodily harm of a kind likely to result in death, and be reckless whether death ensues or not. The party must have the same intent as the person who actually committed the murder in order to be convicted: Kirkness, supra; Hibbert v. The Queen (1995), 1995 CanLII 110 (SCC), 99 C.C.C. (3d) 193 (S.C.C.). Analysis
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