Exploring the mens rea requirements of the Serious Crime Act 2007 assisting and encouraging offences

Child, J J (2012) Exploring the mens rea requirements of the Serious Crime Act 2007 assisting and encouraging offences. Journal of Criminal Law, 76 (3). pp. 220-231. ISSN 0022-0183

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Abstract

This article examines the mens rea requirements of the new assisting and encouraging offences set out in Part 2 of the Serious Crime Act 2007. Analysing the case of Rv.S&H [2011] EWCA Crim 2872, a case in which the Court of Appeal attempted to clarify this complex and troublesome area, it is demonstrated how and why the court (as well as other academic commentators) have erred in their interpretations of the statute. Moving to clarify these areas of uncertainty, the article then seeks to cast light on concerns about the future operation of these offences, concerns previously hidden by that uncertainty.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > KD Law of the United Kingdom and Ireland > KD0051 England and Wales
Depositing User: John Child
Date Deposited: 11 Sep 2013 06:34
Last Modified: 08 Mar 2017 22:35
URI: http://sro.sussex.ac.uk/id/eprint/45988

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