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The Chan Wing-Siu principle extends liability for murder to a secondary party on the basis of a lesser degree of culpability, namely foresight only of the possibility that the principal may commit murder but without there being any need for intention to assist him to do so.
The Court reasoned that the correct rule is; foresight is simply evidence of intent to assist or encourage, which is the proper mental element for establishing secondary liability The Court in a unanimous judgment held that the law must be set back on the correct footing which stood before Chan Wing-Siu and that the mental element for secondary liability is intention to assist or encourage the crime.
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