Q: There are more murderers who have killed without proof of intent to kill than who have killed with it.

Provide a critical analysis of the above statement in respect of accessorial liability.

Essay outline answer

You should start with a clear introduction to the nature of accessorial/joint venture liability. Deal with actus reus briefly; the focus of the title is on mens rea. Explain the law following Jogee, which requires proof the accomplice intended to assist the principle. However, there is some ambiguity over cases when A knows that P will commit murder, but does not intend P to kill. Or what if A believed that P intended the use of a weapon but in fact P used a different weapon. Do not discuss P’s liability for murder where he kills with intent to cause GBH – it could be relevant to the quotation, but is not called for by the rubric.