Criminal Law: Joint Enterprise Liability (post-Jogee)
The case of Jogee [2016] abolished joint enterprise liability in the law of England and Wales, clarifying that mere presence or association with the principal who committed a crime is
The case of Jogee [2016] abolished joint enterprise liability in the law of England and Wales, clarifying that mere presence or association with the principal who committed a crime is
Withdrawal from complicity occurs when a person who has been involved in planning or assisting in a crime decides to abandon their participation before the crime is committed. This can
The doctrine of innocent agency applies when a third party, not the defendant, commits the offence. A third party will qualify as an innocent agent where they are under the
Supervening causes are unforeseeable and independent events that occur after the defendant’s initial act but contribute to the final outcome. If it can be proven that an event or act
Defences in criminal law can be categorized as complete or partial. A successful complete defence absolves the defendant of all liability, leading to a full acquittal. However, a partial defence
The coincidence principle ensures that liability will only arise where a defendant’s mens rea and actus reus are present at the same time in the commission of an offence. Therefore,
Omissions liability refers to the legal responsibility a person may have for failing to fulfil their duty to act. Generally, there is no legal duty to rescue another, but in
Conduct crimes focus on the defendant’s actions (actus reus) and require proof of engaging in certain prohibited conduct, rather than focusing on the outcome of the defendant’s actions. In contrast,
Prior fault refers to a defendant’s previous actions that may have contributed to the commission of the offence. It can be relevant when considering the defendant’s culpability or when determining
The principle of autonomy promotes individual freedom and favours minimum criminalisation so that citizens of our society are free to act and pursue their goals unrestrained. However, this must be
The principle of fair labelling establishes that defendants should be charged and labelled in a manner that accurately reflects the moral blameworthiness of their actions. It ensures that the punishment
Constructive offences are crimes where the defendant is held liable for a more serious offence than they intended to commit. For constructive crimes, the mens rea does not exactly correspond
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