Cian Ó Concubhair | University of Oxford (original) (raw)
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Ho Chi Minh city University of Economics
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Joint enterprise is one of the core legal mechanisms for imposing criminal liability on secondary... more Joint enterprise is one of the core legal mechanisms for imposing criminal liability on secondary participants to a crime. This judicially developed principle of the criminal law has evolved such that the threshold culpability requirements for joint enterprise murder liability in England and Wales are lower than that for principal liability murder. In this article, I examine the casebased development of what is known as the 'wider principle' of joint enterprise, followed by a critique of both its conceptual and ethical foundations. I will argue that the current structure of this 'wider principle' of joint enterprise liability for murder in England and Wales allows for overcriminalisation of secondary participants to crimes, in that it holds secondary participants to crimes criminally liable for outcomes for which they may have no causal or moral responsibility.
Joint enterprise is one of the core legal mechanisms for imposing criminal liability on secondary... more Joint enterprise is one of the core legal mechanisms for imposing criminal liability on secondary participants to a crime. This judicially developed principle of the criminal law has evolved such that the threshold culpability requirements for joint enterprise murder liability in England and Wales are lower than that for principal liability murder. In this article, I examine the casebased development of what is known as the 'wider principle' of joint enterprise, followed by a critique of both its conceptual and ethical foundations. I will argue that the current structure of this 'wider principle' of joint enterprise liability for murder in England and Wales allows for overcriminalisation of secondary participants to crimes, in that it holds secondary participants to crimes criminally liable for outcomes for which they may have no causal or moral responsibility.