R v Clarkson - Misplaced Pages

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R v Clarkson (David) (1971) 55 Cr. App. Rep. 445 is an English criminal law case, dealing with aiding and abetting and accessorial liability. The court ruled that for aiding and abetting to have taken place, there must be evidence of active encouragement of the crime.

The defendant watched as a woman was raped three times although there was no evidence that he encouraged the action.

Since there is no offence of omission in English law unless a duty of care is present, the defendant's actions were not indictable, and his appeal was successful.

v t e English criminal law
Classes of crimes	Indictable Either way Summary Regulatory (lowered mens rea) Statutory Common law
Elements of crimes	Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions
Doctrines	Lesser included offences Concurrence Ignorantia juris non excusat
Inchoate offences	Encouraging or assisting a crime Conspiracy Accessory Attempt Common purpose
Defences	Self-defence Duress Necessity Loss of control Consent inc. participation in a sporting event Medical procedures Prevention of crime Lawful excuse Insanity Diminished responsibility Intoxication Category:Criminal defences
Offences against the person	Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Unlawful killing Child destruction Concealment of birth Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Attempting to choke, &c. in order to commit any indictable offence Assault with intent to rob Robbery Assault with intent to rape Assault with intent to resist lawful apprehension Assaulting a constable in the execution of his duty Battery Kidnapping Child abduction False imprisonment Harassment Offences Against the Person Act 1861 Treason
Sexual offences	Rape Sexual assault Sexual Offences Act 2003
Public order offences	Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Harassment, alarm or distress intent aggravates Public Order Act 1986 Incitement to ethnic or racial hatred Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a disorderly house Preventing the lawful burial of a body Breach of the peace Rout Forcible entry Accessory (legal term) Misconduct in a public office Misfeasance in public office Abuse of authority Perjury of oath Dereliction of duty
Offences against property	Arson Dishonesty Cheating (law) Burglary Robbery Theft Criminal damage Squatting Trespass Taking without owner's consent Deception Handling stolen goods Misappropriation of funds Blackmail Extortion Cybercrime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Fraud by abuse of position Conspiracy to defraud Fare evasion Webcam blackmail
Forgery, personation and cheating	Forgery Cheating the public revenue Uttering
Offences against justice	Bribery Perjury Perverting the course of justice Witness intimidation Witness tampering Misprision of treason Jury tampering Assault with intent to resist lawful apprehension Assaulting a constable in the execution of his duty Harboring a fugitive Encouraging or assisting a crime Escape from lawful custody Obstruction of justice Obstruction of a police officer Wasting police time Refusing to assist a constable Sedition Espionage Contempt of court Fabrication of false evidence Rescuing a prisoner
Other common law areas	Contract Tort Property Wills Trusts and estates Evidence Criminal procedure
English law portal For obsolete aspects see History of English criminal law table

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