R v Jogee [2016] UKSC 8; R v Ruddock [2016] UKPC 7 – S 8 AAA – s 44 MCA.
- aiders and abettors.
1) shared culpability of principal and accessory.
- no need to prove whether D principal or accessory.
2) Chan Wing-Siu principle - doctrine of parasitic accessory liability.
3) Chan Wing-Siu principle was wrong and based on incomplete, erroneous, reading of previous case law.
- the error was to equate foresight with intent to assist rather than as mere evidence of intent.
4) restatement of the correct principles.
5) intent may be determined through process of inference.
- liability as aider or abettor not necessarily dependent on agreement between the Ds; what matters is whether the secondary D encouraged or assisted the crime.
6) limited mens rea required by secondary D where offence charged does not itself require mens rea.
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