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2 results

  • MENS REA IN JOINT ENTERPRISE: A ROLE FOR ENDORSEMENT?

  • Beatrice Krebs
  • Journal:
    The Cambridge Law Journal / Volume 74 / Issue 3 / November 2015
    Published online by Cambridge University Press:
    21 August 2015, pp. 480-504
    Print publication:
    November 2015

  • This paper argues that the problems commonly associated with the joint enterprise doctrine might be alleviated by supplementing the cognitive mens rea standard of foresight with a volitional element that looks to how the defendant related to the foreseen risk. A re-examination of the case law suggests that a mens rea conception of foresight plus endorsement might be within interpretative reach. The paper considers possible objections to such a development but ultimately rejects them. It concludes that it is not necessary to wait for Parliament to put in place reforms: joint enterprise is a creature of the common law, and the common law is able to tame it unaided.