Liability for Encouraging One's Own Murder, Victims, and Other Exempt Parties
Abstract:In this paper, I argue that the decision in R v Gnango only makes sense if the doctrine of oblique intention is invoked. I also assert that the joint perpetration/joint causation theory is not applicable on the facts of the case. Similarly, the provocative act murder doctrine is also not applicable on the facts. Finally, I assert that the narrow interpretation given the incidental party/ victim rule is not supported by the existing authorities.
Document Type: Research Article
Publication date: December 1, 2012
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- Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.