ABSTRACT

In Chapter 2, I argued that the mental element in complicity requires nothing less than intention including oblique intention. In this chapter, I shall explore the role of oblique intention in the law of complicity. I shall use the recent Supreme Court decision in R. v. Gnango to argue the case for recognising oblique intention as an alternative mental element in complicity. R. v. Gnango also raises the issue of transferred intention and transferred defences, so I will explore those doctrines in the context of the law of complicity. A further issue raised in R. v. Gnango is the scope of the victim rule. Since the victim rule has implications for the transferred intention and transferred defence doctrines and ultimately for the fault and conduct elements for complicity, I examine it in the third part of this chapter.