English Law of Complicity: Outline and Case Summaries

Abstract

This paper outlines the English law of criminal complicity using case summaries. The Supreme Court thoroughly reformed this area of law with the 2016 Jogee case, which abolished the doctrine of departure from common purpose. After Jogee, foreseeability of unplanned crimes is no longer sufficient mens rea for accomplice liability. This paper distinguishes joint enterprise from other forms of participation in crime (joint principles and innocent agency). It explains how Jogee transformed the previous law, which was based on the now-repudiated case of Chan Wing-Siu. The new rules on the only remaining form of accessorial liability are clarified: the actus reus (the traditional law on aiding, abetting, counselling, or procuring) and mens rea (intention to assist or encourage the crime and knowledge of “essential matters” making it criminal). Other important points are discussed, including conditional intention, rules on withdrawal from joint enterprise, and the exceptional case of Gnango. It is hoped that the 30 cases summarised here can expand understanding of a difficult area of law. Relevant cases date from 1577 to 2017. Quotations from the cases, including famous judicial pronouncements, are incorporated into the discussion. The outline and case summaries are intended to succinctly and accurately explain the law.