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R v Kulbacki, [ 1966] 1 CCC 167 (Man CA)


K charged with driving car in dangerous way (s.221(4)). K was not driving a 16 yr old girl was. K did not say or do anything to prevent her from driving over 90 on a highway K was in front seat. It was Ks car


Can K be convicted of aiding and abetting a crime when he did not actively participate in that crime?


You can be convicted of aiding and abetting if you fail to act and that encourages the commission of an offence


In order for the accused to be convicted, he must have done something to encourage the commission or omitted to do something which assisted in its commission.
**By lack of action, K did encourage her to break the law.
The distinguishing fact here is that K owned the car – so he had the right to control the driver.


K was convicted – by not acting/failing even to take some minimal action like protest he aided and abetted

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