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Cards (31)
What is the case name of the important decision for criminal justice discussed?
The Crown
against
Ji and Ric
against the
Queen
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What area of criminal law does the decision concern?
Complicity
in criminal law
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What was the main issue at stake regarding accomplices?
How culpable one must be to be
liable
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What did English law require from an accomplice for centuries?
Intention to assist the
principal
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What change occurred in 1984 regarding accomplices?
An
accomplice
needed
only
foresight
of
the
crime
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What was the significance of the 1984 Privy Council decision?
Foresight
became a standard of fault
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What did the decision in Joi and Ruck correct?
Reinstated
intention
as a requirement for
liability
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What are the two forms of physical acts of complicity?
Assisting
and encouraging the
principal
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What is the crime of conspiracy?
Agreeing with another to
commit
a crime
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What does being an accomplice allow in English law?
Charged as if they were the
principal
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What happens if multiple people attack a victim?
All can be convicted of
murder
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Why do some accomplices serve life sentences?
They assisted in a
serious crime
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What is the rationale behind treating accomplices as principals?
To address
uncertainty
in who committed the crime
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What is the role of foresight in complicity?
Evidence for inferring
intention
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What did the 1984 case of Chang Wing Suu introduce?
A special form of
complicity
for multiple crimes
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What is parasitic liability?
Liability for a
second
crime based on the
first
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Why is the term "joint enterprise" problematic?
It covers different
situations
with varying rules
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What did the decision in Joi and Ruck clarify about foresight?
It is no longer a test of
substance
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What must a principal intend to do for murder liability?
Intend to
kill
or cause
serious harm
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How does an accomplice's liability for murder differ from a principal's?
An accomplice must intend to
assist
the principal
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What can an accomplice be liable for if death results from dangerous circumstances?
Manslaughter
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What happens if a death occurs due to an overwhelming act by the principal?
The accomplice may not be
liable
for death
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Why did the court reject the Chang Wing Suu decision?
It elevated a
rule of evidence
to
law
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What were the four reasons for replacing the Chang Wing Suu rule?
Law was controversial, led to appeals, etc.
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What does the Serious Crime Act 2007 require for liability?
Intending
or
believing
the other will commit the crime
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What is the potential impact of the Joi and Ruck decision?
Affects
many
past accomplice convictions
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What must be demonstrated for a conviction to be set aside?
Substantial injustice
must be shown
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What is the significance of the case of Dobson and Norris?
Often misinterpreted as a
joint enterprise
case
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What did Mr. Justice Tracy's remarks indicate about the defendants' intentions?
They intended
serious injury
, not just
foresight
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What happens if someone successfully appeals their conviction?
They will not be considered
murderers
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What should be the focus after correcting the law?
Preventing
future errors
in
legal interpretation
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