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About: R v Clarkson     Goto   Sponge   NotDistinct   Permalink

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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 . The court ruled that in order 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.