ABSTRACT
The criminalisation process takes on heightened significance when we factorise redemptive conduct on the part of an individual that may or may not act as a withdrawal defence to neutralise earlier complicitous behaviour, and consequential derivative inculpation. It is important that we can justify our reasons for temporally defining the offence elements and harm prevention nexus that pervades criminal liability. It is suggested herein that the following gradations and demarcations form part of our proportionality-reasonableness nexus: The attitudinal motivation that lies behind an individual actor's withdrawal, part of the price of exculpation calculus, should also form an essential pre-requisite element of fact-finder assessment of the reasonableness-proportionality nexus, and normative enquiry. A further ingredient, as part of the refrain that underscores this chapter, is the conceptualisation of a new lodestar model of qualitative proportionality standardisations across diverse complicitous behaviour that may normatively be established for determination by relevant fact-finders.
