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In R v. Sharpe, the Supreme Court held in this case that while the word “counsel” could have the ordinary meaning of “to advise”, for the purpose of the criminal law it must be limited to cases of actively inducing.
In R v. Hamilton, the Actus Reus for counselling is the deliberate encouragement or active inducement of the commission of a criminal offence. The Mens Rea for counselling is where the accused either intended that the offence counselled be committed, or knowingly counselled the commission of the offence while aware of the unjustified risk that the offence counselled was in fact likely to be committed as a result of the accused’s conduct.
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