Krebs Accessorial Liability After Jogee

Erscheinungsjahr 2020
ISBN: 978-1-5099-1889-8
Verlag: HART PUB

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Beschreibung

In R v Jogee [2016] UKSC 8, the UK Supreme Court fundamentally changed the law of accessorial liability when it decided that the principles of joint enterprise had been misinterpreted for over 30 years. The Court abolished the head of liability known as parasitic accessory liability and replaced it with (re-stated) principles of assisting and encouraging. The judgment, widely reported and hailed as a 'moment of genuine legal history', sent shock waves around England and Wales as well as other common law jurisdictions that still operate 'parasitic' or 'extended' joint enterprise principles, and raised the hopes of hundreds of prisoners here and elsewhere who had been convicted under joint enterprise. This collection examines Jogee, subsequent Court of Appeal decisions and case law from other jurisdictions that re-considered their own joint enterprise principles in the wake of Jogee. Its chapters are authored by scholars and practitioners, all experts in the area of complicity, but each with their own experiences and views on the issues under debate. The result is the first comprehensive analysis of the implications of Jogee. The present volume is not just a source of reference for academics and practitioners; its aim is more ambitious in that it seeks to chart the way forward and to suggest solutions to problems created by Jogee for criminal law theory and practice.

Autoren

Herausgeber

Krebs, Beatrice

Über den Autor

Krebs, Beatrice
Beatrice Krebs is Associate Professor in Criminal Law at the University of Reading.

Inhaltsverzeichnis

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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