context of the trial as a whole. And so, appellate review of the
adequacy of jury instructions in fulfilling their function
encompasses consideration of the addresses of counsel, which
may fill in some gaps in the charge: R. v. Daley,  3 S.C.R.
523,  S.C.J. No. 53, 2007 SCC 53, at para. 58; R. v.
Salah,  O.J. No. 237, 2015 ONCA 23, 319 C.C.C. (3d) 373,
at para. 112.
 Section 229 of the Criminal Code defines the mental or
fault element which must accompany an unlawful killing to make
the offence committed murder. Among those definitions is
s. 229(a)( ii), which includes three components:
— knowledge or foresight;
The vital or essential element is that of intending to cause bodily
harm of such a grave and serious nature that the accused knew was
likely to cause the victim’s death, yet persisting in the assault
despite knowledge of that risk. Recklessness is almost an afterthought: R. v. Nygaard,  2 S.C.R. 1074,  S.C.J. No. 110,
at pp. 1087-88 S.C.R.; R. v. Cooper,  1 S.C.R. 146, 
S.C.J. No. 8, at pp. 154-55 S.C.R. This state of mind is subjective,
 Since the trial judge told the jury at one point in his
instructions that s. 21(2) applied to all counts, something should
be said about the role of the subsection in establishing an
accused’s culpability for an offence.
 It is well-known that s. 21 of the Criminal Code abolishes
the common law distinction between principals and secondary
parties. The section renders anyone who participates in a crime in
any manner described in the section as “a party to an offence”: R.
v. Simon (2010), 104 O.R. (3d) 340,  O.J. No. 4723, 2010
ONCA 754, 263 C.C.C. (3d) 59, at para. 37, leave to appeal to
S.C.C. refused  S.C.C.A. No. 459.
 A person may become a party to an offence under either s.
21(1) or s. 21(2). But the sections are different.
 Persons who participate in the offence actually committed, whether as a principal, or as an aider, or an abettor, have
their culpability determined under s. 21(1): Simon, at para. 39.
But this is not so for those whose guilt falls to be decided
under s. 21(2).
 Section 21(2), the authorities teach, extends liability for
crime in two respects. The first concerns the persons, the second
the offence. The defining feature of s. 21(2) is participation in