I spoke briefly to the @CrimApLawAssoc conference to inspire us to keep battling on in relation to joint enterprise wrongful convictions.

Picture of Felicity Gerry KC
Felicity Gerry KC

Legal. Media. KC.

The CPS need to give clear guidance on future prosecutions: See THE MEERKAT EXPLANATION below:

The Meerkat explanation:

Principal offenders commit the actus with the relevant mens rea (acts and fault elements)

Accessorial liability has always been based on:

  1. Knowledge of essential matters.
  2. Acts which demonstrate an intention to assist or encourage that crime or that type of crime.

See Pridmore, Johnson v Youden, Bainbridge and Maxwell v DPP of NI.

It had just not really been properly expressed until Cat Sjölin and I put the formulation together.

This was confined slightly by R. v. Jogee to:

  1. Knowledge of essential facts.
  2. Acts which demonstrate an intention to assist or encourage that crime.

This makes sense – focus on individual culpability after abolition of felony murder rule in 1967: (As the meerkat would say – simples).

 

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