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Mental states

This is no longer the law in England and Wales since the Supreme Court in R v Jogee (2016), following the work of Professor Baker, held that the mental element in complicity is intention. Lord Toulson, in the foreword to Professor Baker's monograph, Reinterpreting Criminal Complicity and Inchoate Offenses, (2016) writes: "I had a copy of the manuscript of this book when examining the issues raised in R v Jogee UKSC 8, and it was helpful to me. Professor Baker’s arguments on the point, which was of central importance in that case, that foresight is evidence from which intention may be inferred, but no more than evidence, and that secondary liability for a criminal offense requires intent to encourage or assist its perpetration, were well researched and cogent. The same applies to his writing about the need for there to be actual assistance or encouragement and about the nature of intent, which may be conditional. All in all, Professor Baker’s book is a valuable contribution to the understanding of an important and sometimes confusing part of the criminal law."