1-9 of 9 Results

  • Keyword: secondary participation x
Clear all

Chapter

22. Assisting and encouraging  

Serious Crime Act 2007, Part 2

This chapter considers the ways in which criminal law applies to those responsible for assisting or encouraging crimes, i.e. the nature and extent of secondary participation in a crime. The following controversies are examined: the conceptual basis for secondary liability; what is meant by ‘aiding, abetting, counselling, and procuring’; the mens rea necessary to establish secondary liability; the elements of ‘joint enterprise’ liability; and the Supreme Court’s decision in Gnango.

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

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. 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 of reform from the Law Commission and others, made significant changes to accessorial liability in joint ventures.

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

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. 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 of reform from the Law Commission and others, made significant changes to accessorial liability in joint ventures.

Chapter

This chapter examines the commission of crimes. It distinguishes between principals and accessories. It considers a range of ways of being involved in crimes, called ‘modes of participation in crimes’, such as aiding and abetting, ordering or inciting crimes, or being responsible for crimes as a superior. Further, two special doctrines of ‘commission’ have grown up before international tribunals to describe the involvement of leaders as principals in international crimes. These are called joint criminal enterprise and co-perpetration, respectively. Finally, the chapter considers what happens when the one set of facts might satisfy the elements of several different international crimes, giving rise to issues of concurrence of crimes.

Book

Janet Loveless, Mischa Allen, and Caroline Derry

Complete Criminal Law offers a student-centred approach to the criminal law syllabus. Clear explanation of general legal principles is combined with fully integrated extracts from the leading cases and a wide range of academic materials. This text aims to engage the reader in an active approach to learning and to stimulate reflection about the role of criminal law, offering a complete guide to the LLB/CPE criminal law syllabus with extracts from key cases, academic materials, and explanatory text integrated into a clear narrative. It provides a range of pedagogical features, including concise summaries, diagrams, and examples. Thinking points are included to facilitate and reinforce understanding. Students are referred to the social and moral context of the law, wherever relevant, to encourage them to engage fully with the topical subject matter. This new edition includes coverage of several recent cases of importance including: a more detailed consideration than was possible in the 5th edition of Jogee; Johnson (Lewis) (secondary participation); Johnson (Wayne) (knowledge, strict liability); Golds, Joyce & Kay, Squelch, Wilcocks (diminished responsibility); Meanza (loss of control); Bowler (unlawful act manslaughter); Brandford (duress); Ray (self-defence); the Law Commission report Reform of Offences Against the Person (November 2015).

Book

Janet Loveless, Mischa Allen, and Caroline Derry

Complete Criminal Law offers a student-centred approach to the criminal law syllabus. Clear explanation of general legal principles is combined with fully integrated extracts from the leading cases and a wide range of academic materials. This text aims to engage the reader in an active approach to learning and to stimulate reflection about the role of criminal law, offering a complete guide to the LLB/GDL criminal law syllabus with extracts from key cases, academic materials, and explanatory text integrated into a clear narrative. It provides a range of pedagogical features, including concise summaries, diagrams, and examples. Thinking points are included to facilitate and reinforce understanding. Students are referred to the social and moral context of the law, wherever relevant, to encourage them to engage fully with the topical subject matter. This new edition includes coverage of several recent cases of importance including: Highbury Poultry Farm Produce Ltd v CPS, Lane and Letts (strict liability); Tas, Crilly, Dreszer, Harper (secondary participation); Petgrave (duress of circumstances); Cheeseman, Wilkinson (self-defence); MK v R and Gega v R (modern slavery: compulsion); Taj [2018] EWCA Crim 1743 (intoxicated mistake and self-defence); Loake v Crown Prosecution Service [2017] EWHC 2855 (insanity); Offensive Weapons Act 2019; BM (consent in offences against the person).

Book

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. Concentrate Questions & Answers Criminal Law offers advice on what to expect in exams and how best to prepare. The book begins by looking at exam and study techniques and then moves on to consider the elements of a crime (including actus reus and mens rea), murder and manslaughter, non-fatal offences, sexual offences. It then looks at a range of property offences, before exploring the defences in depth. The book concludes with a consideration of secondary participation and inchoate offences, a chapter on mixed questions and a chapter on how to tackle coursework assessments.