Which element is NOT required for an act to be considered counselling an offence?

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In the context of counselling an offence, it is essential to understand the elements that make up this legal concept. When a person counsels another to commit a crime, the primary requirement involves the act of persuading, advising, or inducing someone to commit that offence. Therefore, for someone to be legally held liable for counselling, they must have the intention to counsel, and their actions must relate directly to the act being counselled.

Option B highlights that the offence must involve the act of counselling, but it does not necessarily require that the offence actually results from the counselling for liability to be established. Therefore, the mere intention to counsel is what constitutes the primary legal basis for liability.

The correct answer relates to the misconception that coercion is necessary for counselling liability. In fact, it is not required for the accused to have coerced the principal offender into committing the offence. This means that even if the principal offender independently decides to commit the crime without being coerced, the counsellor can still be held responsible, provided they intended to counsel that offence. Thus, understanding these defined elements and how they interrelate is crucial for grasping the offence of counselling in Canadian criminal law.

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