Criminal Law

Accessorial Liability after 'Jogee'

By Beatrice Krebs
Hart Publishing July 2021

Specifications

ISBN-13
9781509953523
Publisher
Hart Publishing
Publication
July 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

In February 2016, the UK Supreme Court fundamentally changed the criminal law principles of accessorial liability when it handed down its decision in R v Jogee. The Court abolished the head of liability known as ‘joint criminal enterprise’ and replaced it with the ordinary principles of aiding and abetting, which it re-stated for this purpose. But the full implications of the case for the criminal law remain at present uncertain, underexplored and divisive.

This book examines Jogee in detail, bringing together legal academics and barristers, all of them experts in the area of complicity, but each of whom have different experiences and views to bear on the issues under debate. The result is the first comprehensive analysis of the various issues that arise from Jogee. It is not just meant to provide a source of reference for academics and practitioners working in the area of complicity, its aim is more ambitious in that it seeks to chart the way forward and to suggest solutions to the various problems created by Jogee for criminal law theory and practice.

Table of Contents

1. Law Reform in the Supreme Court: The Abolition of Joint Enterprise Liability
GR Sullivan
2. What is the Theoretical Basis for Accomplice Liability?
Rebecca Williams
3. Jogee, Parasitic Accessory Liability and Conditional Intention
Christopher Cowley
4. A Step Away from Liability – Withdrawal and Fundamental Difference Post-Jogee
Catarina Sjölin
5. Vulnerability Theory and Joint Enterprise
Jonathan Herring
6. Joint Enterprise Murder is Dead – Long Live Joint Enterprise Manslaughter?
Beatrice Krebs
7. The Queen v C, D and E: In the Supreme Court of Ruritania
Matthew Dyson
8. Thinking Like an Accomplice: The Mens Rea for Complicity in US and English Law after Rosemond and Jogee
Vanessa Reid, Alexander Sarch and Sophie Walker
9. Joint Criminal Confusion: Exploring the Merits and Demerits of Joint Enterprise Liability
Elies van Sliedregt
10. Extended Joint Criminal Enterprise – 'Top-down' or 'Bottom-up' Legal Reasoning?
The Hon Justice Mark Weinberg
11. Jogee – How Did it Happen?
Felicity Gerry QC
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