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R v A.A. et al, 2004 ONCJ 101

Facts:

4 young boys charged with sexual assault. AA only masturbated near her. Other boys had sex with her. AA did not touch her, but walked in while other were having sex with her

Issue(s):

Through AA’s mere presence did he offer encouragement or not?

Ratio:

When you are present (know something is going on) but you do not take any positive steps to encourage the act then you will not be guilty

Analysis:

Judge says he has to follow the SCC previous case law – so Dunlop is still the law.
AA may have made out the MR, just not the AR.

Holding:

A was acquitted


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