Motorcycle gang and B at park. About 18 guys had sex with B. D and S came with beer. They said they were just dropping it off and saw B having sex someone but didn’t know what was going on. B indentified D and S from lineup
Does the fact that the accused were present for part of the assault and did nothing to assist the victim amount to aiding and abetting?
Mere presence or passive acquiescence is not sufficient for liability w/o encouragement of principal offender or act of facilitation.
**Mere presence itself cannot be interpreted to be encouragement
Presence at the commission of an offence can be evidence of aiding and abetting if accompanied by other factors – such as: prior knowledge of the offender’s intentions to commit the offence, or attendance for the purpose of encouragement.
R v Salajko – girl rapped, 3 people charged, S was near girl with pants down did not have intercourse with her
**Holding was the what S did was not encouragement
R v Salajko – this decision was an anomaly and should not be followed