R v Bryce [2004] 2 CAR 35

Defendant drove X to a campsite where X killed V. At the time of Defendant’s transporting him, X had not made up his mind as to whether to carry out the murder.

Defendant contended that his conviction of murder was flawed on the basis that at the time of his act the principal had not fully decided to murder.

CA dismissed this.

• CA ruled that to assist an offence Defendant 2 has to intentionally do an act that will help Defendant 1 commit an offence that Defendant 2 knows or believes there to be a possibility of Defendant 1 committing.

• In order for D2 to escape liability he has to withdraw from the JCV and do something to counteract his earlier assistance.

• Simple repentance is not enough.