The (art and) parting of the ways: joint criminal liability for homicide

Leverick, F. (2012) The (art and) parting of the ways: joint criminal liability for homicide. Scots Law Times, 37, pp. 227-231.

Abstract

Discusses recent developments with regard to the principle of art and part liability in criminal law. Explains the liability of an accused for art and part for a criminal offence, and looks at the common purpose test in light of the High Court of Justiciary decision in Brown (Lilian Hazel Carr) v HM Advocate. Considers the later High Court of Justiciary decision in McKinnon (Stephen) v HM Advocate (No.2) in terms of the emergence of the antecedent or spontaneous concert distinction. Comments on whether antecedent concert cases constitute murder or culpable homicide, and the applicability of the Brown test to spontaneous concert cases.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Leverick, Professor Fiona
• Authors: Leverick, F.
• College/School: College of Social Sciences > School of Law
• Journal Name: Scots Law Times
• ISSN: 0036-908X