What is the test for a party to be convicted of assisting in the murder of a victim?
Ontario, Canada
The following excerpt is from R. v. Papadopoulos, 2004 CanLII 20535 (ON SC):
For the purposes of this application, the person aiding the individual who commits the murder must intend that the perpetrator cause bodily harm of a kind likely to result in death, and be reckless whether death ensues or not. There is no requirement that the party desire that the victim die. However, 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.).
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