Download or read book Inchoate Liability for Assisting and Encouraging Crime written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2006-07-11 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the possible reform of the current law relating to criminal liability for encouraging or assisting another person to commit an offence. There are currently three inchoate offences in common law which seek to punish conduct which enhances the prospect of actual harm occuring (relating to: attempt, conspiracy and incitement) but no inchoate offence to cover assisting a person to commit an offence if subsequently the offence is not committed or attempted. The Commission's report recommends the creation of two new statutory offences which relate to encouragement or assistance in the commission of an offence by either intending to encourage or assist its commission or believing that it will be committed. The report also sets out a number of recommended defences to the proposed offences. A second report focusing on the law of secondary liability will be published subsequently following consultation with legal experts.
Download or read book Participating in crime written by Great Britain: Law Commission and published by Stationery Office. This book was released on 2007-05-10 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second of two Commission reports which examine options for reform of the law relating to criminal liability for encouraging or assisting another person to commit an offence (the previous report 'Inchoate liability for assisting and encouraging crime' was published in July 2006 as Cm. 6878 (Law Com. no. 300, ISBN 9780101687829). This report focuses on the law of secondary liability and examines the problems with the law as it currently stands; the differences between inchoate liability and secondary liability; recommendations to introduce statutory schemes of secondary liability and of innocent agency and a new offence of causing the commission of a no fault offence; defences and exemptions; and extra-territorial jurisdiction. It includes the text of two draft bills: Participating in Crime Bill and Participating in Crime (Jurisdiction, Procedure and Consequential Provisions) Bill. Taken together, the recommendations contained in both reports seek to establish a system whereby inchoate and secondary liability will support and supplement each other in a way that is rational and fair.
Download or read book Participation in Crime written by Alan Reed and published by Routledge. This book was released on 2016-05-13 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.
Download or read book Reinterpreting Criminal Complicity and Inchoate Participation Offences written by Dennis J. Baker and published by Routledge. This book was released on 2016-05-26 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.
Download or read book Intoxication and Criminal Liability written by Great Britain. Law Commission and published by The Stationery Office. This book was released on 2009 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report address the issue of intoxication from alcohol or other drugs and its bearing on the criminal liability, if any, of a person charged with an offence, whether it is alleged that the defendent committed the offence or that he/she took a secondary role in the commission by assisting or encouraging a perpetrator. The focus, in particular, is the extent to which voluntary intoxication should be available to support a 'defence' based on absence of fault.
Download or read book Accessorial Liability after Jogee written by Beatrice Krebs and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book Criminal Law written by Jonathan Herring and published by . This book was released on 2007 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an introduction to criminal law. It includes discussion of important case law developments in the law of provocation, consent, conspiracy and duress, and also discusses the Law Commission's proposals on the law of murder.
Download or read book Modes of Liability in International Criminal Law written by Jérôme de Hemptinne and published by Cambridge University Press. This book was released on 2019-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Download or read book Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes written by Laura Ausserladscheider Jonas and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Download or read book Conspiracy and attempts written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2007-10-10 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conspiring to commit a crime is a criminal offence. Under the current law, when two or more persons plot a crime they can be arrested at the planning stage, regardless of whether the crime is ultimately committed. Attempting to commit a crime is also an offence, but only if the perpetrator commits an act which is a "more than merely preparatory" step towards the commission of the offence itself. This consultation paper examines these two areas of criminal law. With conspiracy, conviction is dependent on it being proved that the perpetrator actually knows that the crime will be committed. With criminal attempt the uncertain character of the law leaves too much doubt in cases where common sense suggests that the accused is guilty. The law's definition of "preparatory" has become too generous to the accused. The Commission puts forward 21 proposals for consultation (which closes on 31 January 2008). The proposals should be considered in light of the recommendations made in the Commission's 2006 report "Inchoate liability for assisting and encouraging crime" (Cm. 6878, Law Com. No. 300, ISBN 9780101687829).
Download or read book Accessory Liability written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.
Download or read book Cases Materials on Criminal Law written by Mike Molan and published by Routledge. This book was released on 2009-01-13 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases and Materials on Criminal Law provides a comprehensive selection of key materials drawn from law reports, legislation, Law Commission consultation papers and reports, and Home Office publications. Clear and highly accessible, this volume is presented in a coherent structure and provides full coverage of the topics commonly found in the criminal law syllabus. The range of thoughtfully selected materials and authoritative commentary ensures that this book provides an essential collection of materials and analysis to stimulate the reader and assist in the study of this difficult and challenging area of law. New features include: revised text design with clear page layout, headings and boxed and shaded sections to aid navigation and readability chapter introductions to highlight the salient features under discussion short chapter table of contents to enable easier navigation "Comments and Questions" sections to encourage students to reflect on their reading expanded further reading to encourage students to engage further with the subject a Companion Website to provide regular updates to the book. Recent decisions of note that are extracted and analysed include R v Kennedy (manslaughter based on supply of heroin); Attorney General for Jersey v Holley (provocation); R v Mark and R v Willoughby (elements of killing by gross negligence); R v Barnes (consent as a defence to sporting injuries); Attorney General’s Reference (No 3 of 2004) (accessorial liability) and R v Hatton (intoxicated mistake in self defence cases). Consideration is also given to the likely changes to the law relating to corporate manslaughter, at the time of writing contained in the Corporate Manslaughter and Corporate Homicide Bill currently before Parliament. Two major law reform publications are extensively extracted and contextualised in this 4th edition - the Law Commission’s report on Murder, Manslaughter and Infanticide (Law Com No 304) and the Law Commission’s Report on Inchoate Liability for Assisting and Encouraging Crime (Law Com No 300). This book is an invaluable reference for students on undergraduate or CPE/PG Diploma in Law criminal law courses, particularly those studying independently or on distance learning programmes.
Download or read book Ashworth s Principles of Criminal Law written by Jeremy Horder and published by Oxford University Press, USA. This book was released on 2019 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ashworth's Principles of Criminal Law, now in its ninth edition, takes a distinctive approach to the subject of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to enlighten the reader as to the underlying principles and theoretical foundations of the criminal law, critically engaging readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. Online Resources The text is accompanied by online resources housing a full bibliography as well as a selection of useful web links.
Download or read book Incitement on Trial written by Richard Ashby Wilson and published by Cambridge University Press. This book was released on 2017-08-18 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
Download or read book Smith Hogan and Ormerod s Criminal Law written by David Ormerod and published by Oxford University Press. This book was released on 2018 with total page 1215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smith, Hogan, & Ormerod's Criminal Law is rightly regarded as the leading doctrinal textbook on criminal law in England and Wales. Published in its first edition over fifty years ago, it continues to be a key text for undergraduates and an essential reference source for practitioners.
Download or read book Criminal Law Directions written by Nicola Monaghan and published by Oxford University Press. This book was released on 2016 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is written in an engaging and lively manner with an emphasis on explaining the key principles of criminal law with clarity. It includes helpful learning features to guide students through the material in an interesting and informative way.
