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Late one evening, three young men engaged in a car race on a street in Toronto. One of the drivers lost control of his car,

Late one evening, three young men engaged in a car race on a street in Toronto. One of the drivers lost control of his car, collided with a lamp post and was killed. The two surviving drivers pleaded guilty to criminal negligence causing death while street racing. Tom was the "flag man" who gave the signal for the drivers to start the race by dropping his jacket. Tom is charged with criminal negligence causing death while street racing contrary to the Criminal Code. The Crown alleges that Tom was a party to the offence. Assume that the essential elements of the offence of criminal negligence causing death are made out. Discuss whether Tom's conduct amounts to being a party to the offence. (5 marks)

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