Today's Court of Appeal decision in R. v. Wobbes, 2008 ONCA 567 makes clear the limits on finding a person a party to an offence. These limits are non-trivial. The Court writes:
[29] The authorities make it clear that it is not sufficient that the accused's actions had the effect of aiding the commission of the offence. The appellant must have acted for that specific purpose: see R. v. Barr (1975), 23 C.C.C. (2d) 116 (Ont. C.A. ) and R. v. P.(K.) (2007), 222 C.C.C. (3d) 528 (Ont. C.A. ).
As well, mere awareness of and presence at the scene of an offence does not establish the requisite intent: see R. v. Dunlop and Sylvester (1979), 47 C.C.C. (2d) 93 (S.C.C.).
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