Overview

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.

Full Product Details

Author:   Dr Beatrice Krebs (University of Reading)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.612kg
ISBN:  

9781509918898

ISBN 10:   1509918892
Pages:   296
Publication Date:   09 January 2020
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

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 Sjoelin 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

Reviews

The chapters in this interesting book aim to clarify the Jogee judgment concerning accessorial liability and to propose further development of the law in this area. This book is essential reading for practitioners and students alike. -- Claire McGourlay and Andrew Green, University of Manchester * Criminal Law Review *

The chapters in this interesting book aim to clarify the Jogee judgment concerning accessorial liability and to propose further development of the law in this area. This book is essential reading for practitioners and students alike. -- Claire McGourlay and Andrew Green, University of Manchester * Criminal Law Review * Accessorial Liability After Jogee does not disappoint … a valuable text for both academics and practitioners. -- Megan Phillips, University of Leicester * Cambridge Law Journal *

Author Information

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

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