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:
- Knowledge of essential matters.
- 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:
- Knowledge of essential facts.
- 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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