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Chapter

Cover Essential Cases: Criminal Law

R v Jogee [2016] UKSC 8, Supreme Court  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Jogee [2016] UKSC 8, Supreme Court. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Jogee [2016] UKSC 8, Supreme Court  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Jogee [2016] UKSC 8, Supreme Court. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Complete Criminal Law

13. Secondary participation: parties to a crime  

This chapter focuses on accessories to a crime or those who assist or encourage another to commit a crime. It discusses the conditions for liability under actus reus and mens rea, and explains that an accessory can be held liable for a crime and given the same punishment as a principal. The chapter explains accessorial liability for offences which go beyond the joint venture and defences to secondary participation, evaluating whether victims can also be considered as accessories. The chapter provides examples of relevant cases including the case of Jogee which, following recommendations for reform from the Law Commission and others, made significant changes to accessorial liability in joint ventures.

Chapter

Cover Criminal Law Concentrate

10. Participation  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the liability of parties who participate in the criminal acts of others. Liability can be split into four parts: those who are accessories, those who are joint perpetrators, those who are vicariously liable, and those who are corporations. Accessories are those who aid, abet, counsel, or procure the commission of the principal offence. Participants who enter a joint venture (also known as a joint unlawful enterprise) are liable for the crimes committed as part of that venture, unless one of the parties deliberately departs from the agreed plan. The doctrine of vicarious liability has a (limited) role in the criminal law. A corporation is a legal person, so criminal liability can be imposed on a corporation for many (although not all) crimes.

Chapter

Cover Ashworth's Principles of Criminal Law

12. Complicity  

This chapter examines the issue of complicity. ‘Complicity’ arises when two or more people agree to commit an offence which is then committed by one or more of them, or when a person plays a supporting role in the commission of an offence. The discussions cover the distinction between principals (those who commit the crime itself) and accessories (those who assist or encourage its commission). The discussion involves addressing complex questions about the conduct element in complicity, the fault element in complicity, joint ventures, and accessorial liability for different results. Also covered are derivative liability, the ‘missing link’, and special defences to complicity. Finally, some elements of complicity bearing on offences of public order are discussed, to show their relevance to civil liberties.

Chapter

Cover Criminal Law Directions

16. Accessorial liability  

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

Cover Smith, Hogan, and Ormerod's Criminal Law

6. Parties to crime  

David Ormerod and Karl Laird

A person who aids, abets, counsels or procures another to commit an offence is criminally liable and known as an ‘accessory’ or a ‘secondary party’. This chapter focuses on the basis of their liability, the distinction between accessories and principals, how secondary liability differs from inchoate liability, the principal offender, innocent agency, the accessory’s actus reus, whether an omission is sufficient and whether mere presence at the crime is enough. The chapter discusses the Supreme Court decision in Jogee, examining problems of ‘joint enterprise liability’, issues of terminology, the significance of the doctrine of joint enterprise in murder and why the Supreme Court characterized it as involving a ‘wrong turn’. It also deals with withdrawal by a secondary party before the principal offender commits the crime, victims as parties to crime and instigation by law enforcement officers for the purpose of entrapment.

Chapter

Cover Criminal Law

7. Parties to crime  

Michael J. Allen and Ian Edwards

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the meaning of accomplices, vicarious liability, joint enterprise liability, and corporate liability. All the parties to a crime are accomplices. The person who perpetrates the crime is the principal. Others, not being principals, who participate in the commission of an offence are referred to as accessories or secondary parties and will be liable to conviction if it is proved that they aided, abetted, counselled, or procured the commission of the crime by the principal. Vicarious liability is a form of strict liability arising from the employer–employee relationship, without reference to any fault of the employer. A corporation is a legal person and therefore may be criminally liable, even though it has no physical existence and cannot act or think except through its directors or employees.

Chapter

Cover Company Law

14. Directors’ liabilities for breach of duty  

This chapter focuses on the extent of a director’s civil liability for breach of fiduciary duty and the liability of third parties involved in some way in that breach of duty. One of the most important issues is the extent of a director’s liability to account. Liability can range from accounting for secret profits to claims for equitable compensation and from personal to proprietary claims. Often, a claim will be affected by limitation issues. It may be complicated by the involvement of third party accessories. Mitigation through reliance on indemnity provisions, insurance and by applying to the court for relief is also considered. The discussion covers: breach of fiduciary duty, liability of third parties, claims for negligence, and managing potential liabilities.