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R v Briscoe, 2010 SCC 13

Facts:

B drove to golf course with other people. They had planned and started to beat and rape here. B held her told her to be quiet. B stood by and watched them kill and rape her

Issue(s):

Does willful blindness satisfy the MR?

Ratio:

In order to convict under s.21(1) for the MR the person must have the intent and knowledge (that the principal was going to carry out an unlawful act) - wilful blindness satisfies this

Analysis:

s.21(1) makes perpetrators, aiders, and abettors equally liable
**The person who provided the gun, therefore, may be found guilty of the same offence as the one who pulls the trigger.

Purpose = intent and knowledge.

Holding:

Bs actions made him a party to the offence

Comments:

Significantly broadens liability – WILLFUL BLINESS SATISIFIES KNOWLEDGE in this case


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