Mens rea in joint enterprise: a role for endorsement?

Krebs, B. (2015) Mens rea in joint enterprise: a role for endorsement? Cambridge Law Journal, 74 (3). pp. 480-504. ISSN 0008-1973 doi: 10.1017/S0008197315000677

Abstract/Summary

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.

Item Type	Article
URI	https://reading-clone.eprints-hosting.org/id/eprint/42081
Identification Number/DOI	10.1017/S0008197315000677
Refereed	Yes
Divisions	Arts, Humanities and Social Science > School of Law
Publisher	Cambridge University Press
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