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- Title
Causation, Remoteness and the Concept of the "Overwhelming Supervening Act": R v Grant [2021] EWCA Crim 1243.
- Authors
Krebs, Beatrice
- Abstract
A causation requirement would absolve an accessory of liability if the offence would have been committed with or without his assistance or encouragement, and this is, rightly or wrongly, plainly not the law, as the Supreme Court confirmed in I Jogee i . An accessory might intend, rather than merely foresee, the infliction of serious harm by way of a knife or a baseball bat, and might, rightly, be convicted of being an accessory to murder if that harm results in death. On one view OSA is an emaciated remoteness principle: mere lack of foreseeability will not do, what is required is a radical fissure between the accessory's involvement and the ensuing offence.
- Subjects
JURY instructions; LEGAL judgments; APPELLATE courts; AUTOMOBILE seats; RELIEF valves; ENCOURAGEMENT
- Publication
Journal of Criminal Law, 2022, Vol 86, Issue 1, p42
- ISSN
0022-0183
- Publication type
Article
- DOI
10.1177/00220183221077261