Complicity, Jogee, and the principles of criminal law

K Law > KD England and Wales

Tromans, Sarah ; Cryer, Robert,Tripkovic, Milena

University:University of Birmingham

Department:Birmingham Law School

关键词: K Law;    KD England and Wales;   

Others  :  http://etheses.bham.ac.uk//id/eprint/9991/1/Tromans2019MJur.pdf

来源: University of Birmingham eTheses Repository

【 摘 要 】

This thesis explores the rules of complicity and parasitic accessory liability (PAL) in England and Wales and their relationship with the principles of criminal law. Complicity creates a general liability for assisting or encouraging a crime. PAL allowed for the conviction of an accessory to a joint criminal venture, for a possible collateral offence of the principal, as long as it was foreseen as a possible incident of the initial crime. Complicity is important because it attributes responsibility to individuals who contributed in some way to a substantive offence of another, without committing the offence itself. PAL did not work well in practice but was followed for thirty years until Jogee in 2016, which was considered to be a breakthrough in the requisite mental element of complicity and also the abolition of PAL. This thesis examines the relationship of both complicity and PAL with a set of criminal law principles. It then moves on to consider the impact of Jogee on the relationship of both doctrines with these principles. The thesis challenges the idea that the judgment was a major change in the law and concludes that many criminal law principles remain breached, post-Jogee, in some factual scenarios.