Joint Liability
Hypothetical:
We are a group, with a pre-arranged plan, to save Tatap (poor fella). It is presumed that we thus have a common intention; to travel to Bangkok on our limited funds to do research on the community which Tatap (poor man) originates, in order to provide a better defence of grave and sudden provocation.
Now, what if, someone in the group commits a criminal act, in furtherance of the common intention? Ange for example, could hack into travel agency's computers in order to secure a good deal. Or maybe 우찌유 could fly into a rage and go to the office of Tiger Airways and create a nuisance, asking them why processing takes so damn bloody long. Or worse still, what if i commit a robbery, in order to pay for my plane ticket and hotel room?
Would the rest of us be jointly liable for this? i know there is no primary offence, as a group we are not committing any criminal act. but what if, the courts take a brand new "Pushing New Frontiers" approach, and view our common intention of trying to provide a good defence as a crime of some sort? we are, after all, trying to help someone who killed two people get away with just a jail sentence of 10 years you know.
It sounds highly unlikely i know, and there are many more factors to consider, like participation and presence, subjective and objective foreseeability, etc. Therefore, i hereby urge all members of the Save Tatap Litigation Team to pay attention during your Criminal Law LC1001 tutorial on joint liability, and report back on your findings. meanwhile, try not to commit any criminal acts, not while we have a common intention.
We are a group, with a pre-arranged plan, to save Tatap (poor fella). It is presumed that we thus have a common intention; to travel to Bangkok on our limited funds to do research on the community which Tatap (poor man) originates, in order to provide a better defence of grave and sudden provocation.
Now, what if, someone in the group commits a criminal act, in furtherance of the common intention? Ange for example, could hack into travel agency's computers in order to secure a good deal. Or maybe 우찌유 could fly into a rage and go to the office of Tiger Airways and create a nuisance, asking them why processing takes so damn bloody long. Or worse still, what if i commit a robbery, in order to pay for my plane ticket and hotel room?
Would the rest of us be jointly liable for this? i know there is no primary offence, as a group we are not committing any criminal act. but what if, the courts take a brand new "Pushing New Frontiers" approach, and view our common intention of trying to provide a good defence as a crime of some sort? we are, after all, trying to help someone who killed two people get away with just a jail sentence of 10 years you know.
It sounds highly unlikely i know, and there are many more factors to consider, like participation and presence, subjective and objective foreseeability, etc. Therefore, i hereby urge all members of the Save Tatap Litigation Team to pay attention during your Criminal Law LC1001 tutorial on joint liability, and report back on your findings. meanwhile, try not to commit any criminal acts, not while we have a common intention.
posted by "bill" at 9:38 PM
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