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A Normative Case for Abolishing the Doctrine of Extended Joint Criminal Enterprise

Wang, Victoria Bo (2019) A Normative Case for Abolishing the Doctrine of Extended Joint Criminal Enterprise The Journal of Criminal Law, 83 (2). pp. 144-160.

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Abstract

It is submitted in this article that assisting/encouraging is normatively different from and less harmful and dangerous than perpetration, and that the unfairness and injustice of complicity is doubled in the context of extended joint criminal enterprise. The defendant’s participation in the underlying crime is constructed as participation in the collateral crime and such fictitiously constructed participation is further constructed as actus reus of the collateral crime; and the defendant’s foresight of the collateral crime is constructed as intention to assist/encourage the collateral crime and such fictitiously constructed mental state is further constructed as sufficient mens rea for the collateral crime. The double constructive nature of this doctrine cries out for legal reform, especially in jurisdictions where it is still retained as a sui generis doctrine. It is proposed that a new lesser offence of risking another’s collateral offending will serve better the purpose of fair labelling and proportionate punishment.

Item Type: Article
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
NameEmailORCID
Wang, Victoria Bob.wang@surrey.ac.uk
Date : 1 April 2019
DOI : 10.1177/0022018318822219
Copyright Disclaimer : © The Author(s) 2019
Uncontrolled Keywords : Extended joint criminal enterprise; Constructive liability; Change of normative position; Fair labelling; Proportionate punishment; Risk-taking
Depositing User : Clive Harris
Date Deposited : 16 May 2019 09:12
Last Modified : 02 Apr 2020 02:08
URI: http://epubs.surrey.ac.uk/id/eprint/851841

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