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

Facts:

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

Issue(s):

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

Ratio:

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

Analysis:

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.

Holding:

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


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