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Mens rea in joint enterprise: a role for endorsement?

Krebs, B. (2015) Mens rea in joint enterprise: a role for endorsement? Cambridge Law Journal, 74 (3). pp. 480-504. ISSN 0008-1973

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To link to this item DOI: 10.1017/S0008197315000677

Abstract/Summary

This paper argues that the problems commonly associated with the joint enterprise doctrine might be alleviated by supplementing the cognitive mens rea standard of foresight with a volitional element that looks to how the defendant related to the foreseen risk. A re-examination of the case law suggests that a mens rea conception of foresight plus endorsement might be within interpretative reach. The paper considers possible objections to such a development but ultimately rejects them. It concludes that it is not necessary to wait for Parliament to put in place reforms: joint enterprise is a creature of the common law, and the common law is able to tame it unaided.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:42081
Publisher:Cambridge University Press

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