chapter  1
18 Pages

Participating in Homicide

ByBarry Mitchell

This chapter is ultimately concerned with the possible liability of people who do not actually perpetrate the fatal assault in a homicide, but they have done something that in some way 'links' them with the victim's death, albeit indirectly. Unfortunately, the joint enterprise principle is especially problematic in cases of homicide, and commentators have argued that it sometimes leads to harsh outcomes. The Law Commission have undertaken two distinct but related projects concerning the criminal liability of those who encourage or assist in the commission of crime. There are two basic strands to the accomplice's state of mind that are crucial to his criminal liability. Finally, it will naturally be interesting to see how the Serious Crime Act 2007 offences are used in practice, especially in relation to condary liability, and how far the culpability requirements cause difficulties.