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.

Other Questions

Can a defendant be convicted of both the offences of speeding and stunt driving in a posted 60 kilometres per hour zone? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
Can a police officer make a warrantless arrest even for summary conviction offences and provincial offences? (Ontario, Canada)
What is the impact of a party’s email to the opposing party of a parenting motion for custody of the children? (Ontario, Canada)
Is a party entitled to rely on the fact that another party has retained counsel for advice in the negotiation process? (Ontario, Canada)
What is the obligation of a party moving for an order that will affect the rights of the absent party to make full and fair disclosure of all material facts? (Ontario, Canada)
Can a court award costs to a party who was more successful on an overall global basis than the other party? (Ontario, Canada)
What is the appropriate sentence for a convicted fraudster who was convicted of charges including giving a reward to a government official? (Ontario, Canada)
What are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.