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Reflections on Jogee: overwhelming supervening act

Ormerod, D; Fortson, R; Laird, K; (2021) Reflections on Jogee: overwhelming supervening act. Archbold Review , 4 pp. 7-10. Green open access

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Abstract

The Supreme Court’s judgment in Jogee and Ruddock v The Queen1 substantially altered the criminal law’s approach to secondary liability. However, the judgment left numer- ous important issues unresolved. In particular, the circum- stances in which a secondary party is excused liability on the basis of an overwhelming supervening act (“OSA”) of the principal remains unclear. The Court of Appeal recently discussed OSA in Lanning and Camille,2 but it too left im- portant questions unanswered. In this article we examine this concept, which is being encountered with increasing frequency in practice.

Type: Article
Title: Reflections on Jogee: overwhelming supervening act
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.archbolde-update.co.uk/PDF/2021/Archbo...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher's terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10133654
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