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Chapter

This chapter begins with a discussion of the law of complicity, covering principals and accomplices; five ways one can be an accomplice; mens rea for accomplices; secondary participation and inchoate offences; conviction of the secondary party and acquittal of the principal; whether a secondary party can be guilty of a greater offence than the principal; withdrawal by a secondary party; accessories and victims; and assistance after the offence. The second part of the chapter focuses on accessories and the theory of complicity, covering general theories of accessorial liability; theories of accessorial mens rea; the theory of joint enterprise; actus reus issues; withdrawal; and law reform.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the law relating to accessorial liability or parties to crime. It discusses liability for aiding, abetting, counselling, or procuring the commission of an offence under the Accessories and Abettors Act 1861, the scope of accessorial liability after the decision in R v Jogee [2016] UKSC 8, the effect of withdrawing participation, liability for participation after the offence, protection of the victim, and recommended reforms to the law.

Chapter

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on the inchoate offences and accessories, along with suggested answers. The doctrine of joint enterprise is also considered, especially the decision in R v Jogee, which reverses the previous common law position. Inchoate offences and issues of accessorial liability can feature on exam papers in the form of questions dealing with discrete topics, but typically they will feature as part of a problem question dealing with a range of substantive offences. For this reason, candidates sometimes fail to prepare properly to deal with these areas. There is also the fact that accessorial liability is amongst the most confusing and conceptually difficult areas of criminal liability. Some clarity has been achieved in this area in the Supreme Court’s decision in R v Jogee.

Chapter

This chapter begins with a discussion of the law of complicity, covering principals and accomplices; five ways one can be an accomplice; mens rea for accomplices; secondary participation and inchoate offences; conviction of the secondary party and acquittal of the principal; whether a secondary party can be guilty of a greater offence than the principal; withdrawal by a secondary party; accessories and victims; and assistance after the offence. The second part of the chapter focuses on accessories and the theory of complicity, covering general theories of accessorial liability; theories of accessorial mens rea; the theory of joint enterprise; actus reus issues; withdrawal; and law reform.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the law relating to accessorial liability or parties to crime. It discusses liability for aiding, abetting, counselling, or procuring the commission of an offence under the Accessories and Abettors Act 1861, the scope of accessorial liability after the decision in R v Jogee [2016] UKSC 8, the effect of withdrawing participation, liability for participation after the offence, protection of the victim, and recommended reforms to the law.

Chapter

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on the inchoate offences and accessories, along with suggested answers. The doctrine of joint enterprise is also considered, especially the decision in R v Jogee which reverses the previous common law position. Inchoate offences and issues of accessorial liability can feature on exam papers in the form of questions dealing with discrete topics, but typically they will feature as part of a problem question dealing with a range of substantive offences. For this reason, candidates sometimes fail to prepare properly to deal with these areas. There is also the fact that accessorial liability is amongst the most confusing and conceptually difficult areas of criminal liability. Some clarity has been achieved in this area in the Supreme Court’s decision in R v Jogee.

Chapter

This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of a trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.

Chapter

This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of a trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.