CHAPTER II. OF PARTIES AND ACCESSORIES. SEC. 1.-PARTIES TO COMMISSION OF OFFENCES SEC. 1.-PARTIES TO THE COMMISSION OF OFFENCES. Every one is a party to and guilty of an offence who: : (a) actually commits it; or (b) does or omits an act for the purpose of aiding any person to commit the offence; or or (c) abets any person in commission of the offence; (d) counsels or procures any person to commit the offence. And if several persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of such common purpose, the commission of which offence was, or ought to have been known to be a probable consequence of the prosecution of such common purpose.' And every one who counsels or procures another to be a party to an offence of which that other is afterwards guilty, is a party to that offence, although it may be committed in a way different from that 155-56 V. c. 29, s. 61, Dom. which was counselled or suggested. And every one who counsels or procures another to be a party to an offence, is a party to every offence which that other commits in consequence of such counselling or procuring, and which the person counselling or procuring knew or ought to have known to be likely to be committed in consequence of such counselling or procuring.1 Every one who having an intent to commit an offence does, or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended; whether under the circumstances it was possible to commit such offence or not. The question whether an act done or omitted with intent to commit an offence is, or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law, and is to be decided by the judge or coroner, and is not one of fact to be left to the jury.2 The offence need not of necessity be consummated in presence of the aiders and abettors, provided they are present assisting at its cause. For instance, if poison be laid for a man, those present and concurring in laying it are all guilty of the offence, although absent when the poison is taken.3 The participation of aiders and abettors is either from a combination to commit the offence itself, or arising out of a combination to resist all opposers 155-56 V. c. 29, s. 62, Dom. 2 55-56 V. c. 29, s. 64, Dom. to the prosecution of some other unlawful purpose. 1 2 Those who, being absent at the time of the offence committed, do yet procure counsel, command or abet another to commit an offence are guilty of the offence. The procuring is either direct, by hire, counsel, command or conspiracy; or indirect, by shewing an express liking, approbation or assent to another's felonious design of committing an offence. But he who barely conceals an offence to be committed is guilty only of misprison of felony." Those who procure the commission of an offence, though by the intervention of a third party with whom they have no communication, are guilty of the offence." If a man advise a woman to kill her child so soon as it is born, and she do so in pursuance of such advice, he is an accessory to the murder, though no murder could have been committed at the time of the advice." The act must be the probable result of the evil advice, and not substantially different from that advised. The test question, according to Mr. Justice Foster, being: "Did the principal commit the felony he stands charged with under the influence of the flagitious advice, and was the event, in 12 Hawk. P. C. c. 29, s. 9. 21 H. P. C. 615. 32 Hawk. P. C. c. 29, s. 16. 42 Hawk. P. C. c. 29, s. 23. 51 Fost. C. L. 125; 19 How. St. Tr. 746, 748, 801; 5 C. & P. 535; 55-56 V. c. 29, ss. 61, 234, Dom. 62 Hawk. P. C. c. 29, s. 18; Dyer, 168; 55-56 V. c. 29, ss. 61, 234, Dom. B. C.-5 the ordinary course of things, a probable consequence of that felony; or did he, following the suggestions of his own wicked heart, wilfully and knowingly commit a felony of another kind, or upon a different subject."" To manslaughter, it being sudden and unpremeditated, there can be no accessories before the fact.2 An accessory cannot be guilty of a higher crime than his principal.3 SEC. 2-ACCESSORIES BEFORE THE FACT. "Accessories before the fact," since the criminal code came into force (July 1st, 1893), are unknown to the law by that expression, being now included under "Parties to the commission of offences." SEC. 3-ACCESSORIES AFTER THE FACT. Accessories after the fact are not to be inquired of by coroners, as their duties are confined to ascertaining the cause of death. 1 Fost, C. L. 372. 1 H. P. C. 347, 450, 616. Erle, J., in R. v. Gaylor, Dears & B., C. C. 288, said he thought Lord Hale was here speaking of manslaughter per infortunium and se defendendo only. 33 Inst. 139. 44 CHAPTER III. OF CRIMES WHICH COME UNDER THE NOTICE OF CORONERS. 2. PRACTICAL REMARKS 3.-INFANTICIDE 1. WHEN IS A CHILD BORN ALIVE. 91 44 1. PER INFORTUNIUM. 2. PRACTICAL REMARKS 5.-HOMICIDE WHICH IS NOT CULPABLE. 105 107 107 SEC 1-OF FELO DE SE, OR SUICIDES. 1. Definition. A Felo de se is one who, being of the age of discretion and compos mentis, kills himself or commits some unlawful act the consequence of which is his own death.1 11 Hal. P. C. 30, 411; 1 Hawk. P. C. c. 27, ss. 1, 4. |