Chapter 10 Key debates

Participation

Topic

‘Might alone does not make right: justifying secondary liability’

Author/Academic

Matthew Dyson

Viewpoint

A proposal that the mens rea for accessorial liability should be recklessness.

Source

[2015] Crim LR 967

Topic

‘Accessory liability and common unlawful purposes’

Author/Academic

Andrew Simester

Viewpoint

Examines the nature of accessorial liability in the context of the Supreme Court’s decision in Jogee [2016].

Source

(2017) 133 LQR 89

Topic

‘Jogee: not the end of a legal saga but the start of one?’

Author/Academic

David Ormerod and Karl Laird

Viewpoint

A very helpful analysis of the language of accessorial and joint enterprise criminal liability through a critique of Jogee [2016].

Source

[2016] Crim LR 539

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