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

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journal contribution
posted on 2023-06-08, 15:33 authored by J J Child
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.

History

Publication status

  • Published

File Version

  • Published version

Journal

Journal of Criminal Law

ISSN

0022-0183

Publisher

Vathek Publishing

Issue

3

Volume

76

Page range

220-231

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2013-09-11

First Open Access (FOA) Date

2013-09-11

First Compliant Deposit (FCD) Date

2013-09-03

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