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Summary Self-Defence & Duress PQ Notes $4.51
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  3. University College London (UCL)
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  5. Bachelor Of Law LLB
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  7. Criminal Law

Summary

Summary Self-Defence & Duress PQ Notes
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  • Course
  • Criminal Law
  • Institution
  • University College London (UCL)
  • Book
  • Criminal Law

Comprehensive first class Criminal Law PQ notes from University College London (2018/2019). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions

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  • Unknown
  • April 25, 2020
  • 14
  • 2018/2019
  • Summary

Subjects

  • criminal law
  • law
  • llb
  • ucl

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  • University College London (UCL)
  • Bachelor of Law LLB
  • Criminal Law
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Content preview

Complicity


a. Introduction
- 3 categories
o Joint principal
o Principal through an innocent agent
o As an accessory

b. Joint Principals

- Two ways of being joint principals:
Several people contribute to the actus reus of the offence
Each person contributes to a different component of the actus reus  they cumulatively
perform the entire actus reus of the offence

- Eg. By coincidence, P and S simultaneously and independently attack V, who dies from the
cumulative effect of the blows
- They are both principals in the murder of V; unable to identify one single blow that killed V

c. Principal Through an Innocent Agent

- Where an innocent agent who lacks mens rea is used as an implement in another’s criminal
scheme
- Only arises when P intends to manipulate S; does not apply when P thinks S has agreed

R v Michael
 P wanted to kill child who was in foster care; gave poison to the foster mother and told her it
was medicine
 Foster mother forgot to administer the poison
 However, foster mother’s daughter overheard conversation and administered the poison
instead
 Held that the actual mother of the child was the principal and the foster mother and her
daughter were only innocent agents

R v Cogan & Leak
 Leak told a friend that his wife enjoyed having sex with strangers, and only pretended to
resist
 Wife did not physically resist but was sobbing throughout
 At the time, Cogan could not be convicted because he honestly believed that the wife was
consenting
 Held that it would have been possible to charge Leak as a principal acting through an
innocent agent

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