News and Case Comment on Public Law, Coronial and Criminal Law by Matthew Stanbury, Barrister at Garden Court North @thepubliclawyer
The judgment of the Supreme Court in R v Jogee  UKSC 8 did not disappoint. The Court held, unanimously, that for a secondary party to be guilty of an offence, he or she must intend to assist or encourage the principal.
It will no longer be enough, as had been previously held, for the secondary party merely to foresee that the principal might commit the offence.
The correct rule, which will be applied in all future cases, is that whilst foresight might be evidence of an intention to assist or encourage in the commission of the offence (and indeed it may be important evidence), it is not decisive of the issue.
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