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Question: What is the most convincing explanation of accomplice liability? Does the current law reflect those justificatory grounds?

Answer: The criminal law functions to punish not only those who directly harm a victim but also those who assist the offence. The actus reus of an accomplice is set out in the Accessories and Abettors Act 1861, where it states that ‘whoever shall aid, abet, counsel or procure the commission of any indictable offence... shall be liable to be tried, indicted and punished as the principal offender’ and the mens rea requirement of such a crime is that the accomplice must intend to assist the principal with the awareness of their ability to help the offence, and must also know the ‘essential matters which constitute the offence’. One could say that the main rationale behind accessorial liability is that one who knowingly assists in criminal enterprise deserves legal punishment, and penalisi......(short extract)

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Details: - Mark: 62% | Course: Criminal Law | Year: 1st | Words: 1597 | References: Yes | Date written: January, 2010 | Date submitted: April 26, 2012 | Coursework ID: 740

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