1st Edition

Reinterpreting Criminal Complicity and Inchoate Participation Offences

By Dennis Baker Copyright 2016
376 Pages
by Routledge

373 Pages
by Routledge

373 Pages
by Routledge

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... Read more

1. Introduction  2. The Mental Element in Complicity Requires Intention  3. Mutual Encouragement and Parties Exempt from Complicity Liability  4. The Problem of Making Participation Inchoate  5. Defences, Labelling and Sentencing  6. Conclusion

Biography

Dennis J Baker is Professor of English Law and Head of the School of Law at the University of Surrey, UK.

"I had a copy of the manuscript of this book when examining the issues raised in R v Jogee [2016] UKSC 8, and it was helpful to me. Professor Baker’s arguments on the point, which was of  central importance in that case, that foresight is evidence from which intention may be inferred, but no more than evidence, and that secondary liability for a criminal offence requires intent to encourage or assist its perpetration, were well researched and cogent. The same applies to his writing about the need for there to be actual assistance or encouragement, and about the nature of intent, which may be conditional. All in all, Professor Baker’s book is a valuable contribution to the understanding of an important and sometimes confusing part of the criminal law." 

The Right Hon Lord Toulson, Justice of The Supreme Court of the United Kingdom