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Mental states

Before the decision in R v Jogee, Professor Baker argued Baker in his research: 1) all complicity requires either assistance or encouragement for the conduct element, 2) the mental element in complicity is nothing less than intention; 3) foresight was mere evidence for inferring intention in the ancient common purpose complicity scenarios; 4) that foresight only arose in common purpose complicity cases because they involve conditional intention with respect to what the perpetrator might have to do depending on what contingencies arise during the course of jointly perpetrating the underlying joint enterprise. These points have now been adopted as law by the Supreme Court.