The accused was charged with break and enter and theft, robbery, forcible confinement, and assaulting a police officer arising from a home invasion.
The accused admitted participation in the break and enter but disputed liability for robbery and forcible confinement, arguing that the accomplice alone committed those offences when the victim unexpectedly returned home.
The court held that the accused aided and participated in the robbery and forcible confinement by keeping watch, stealing property during the assault, and warning the accomplice of police arrival, satisfying both actus reus and mens rea for party liability under s. 21 of the Criminal Code.
However, the court had a reasonable doubt that contact with a police officer during the accused’s escape was intentional.
Convictions were entered for break and enter, robbery, and forcible confinement, and an acquittal for assaulting a police officer.
