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Regina v. Cogan and Leak

    Brief Fact Summary.

    Leak appealed a charge of aiding and abetting, when Cogan, who was actually charged with rape, was acquitted of the charges against him.

    Synopsis of Rule of Law.

    A person can still be charged with aiding and abetting a crime if the person who committed the crime was acquitted of all charges.

    Facts.

    After a night of drinking, Leak came home and told his wife that he was going to allow Cogan to have sex with her. Leak then proceeded to have sex with his wife, then allowed Cogan to have sex with her. Leak’s wife called the police who charged Cogan with rape. Cogan was acquitted of rape charges and Leak was charged with aiding and abetting rape. Leak appealed.

    Issue.

    Whether a person can be charged with aiding and abetting a crime if the person who committed the crime was acquitted of all charges?

    Held.

    Yes. The judgment against Leak is upheld. Cogan was acquitted of rape because he thought that Leak’s wife consented to the sexual intercourse. Leak is still liable for aiding and abetting rape because Leak’s wife was raped due to Leak’s desire to have his wife raped.

    Discussion.

    A person can be charged with aiding and abetting a crime if their actions further the commission of a crime. Aiding and abetting constitutes desiring and actively causing the crime to occur.


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