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Record W7128698615 · doi:10.26180/4669552.v1

The abolition of the doctrine of extended common purpose

2017· dissertation· W7128698615 on OpenAlexaboutno aff
Mark J. Gumbleton

Bibliographic record

VenueMonash University · 2017
Typedissertation
Language
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsCulpabilityDoctrineMistakeCommon lawStrict liabilityContext (archaeology)Criminal lawComplicityMens reaLiability

Abstract

fetched live from OpenAlex

This thesis examines whether the doctrine of extended common purpose should be abolished and, if so, whether the doctrine should be reformed or excised from the common law altogether. To this end, the thesis examines principles of complicity in the context of the law on homicide and whether policy considerations should outweigh legal principle. The thesis reviews the development of the doctrine at common law, including its origins in felony murder and the shift from an objective assessment of secondary liability to a subjective standard. The purported justifications for retaining the doctrine are considered and responded to, including the way in which anomalies and asymmetries are created that result in criminal responsibility being out of step with the moral culpability of a secondary party. The various options for reforming the doctrine are evaluated, including whether the fault standard should be assessed objectively or subjectively and whether strict intent is preferable to some lesser form of fault, such as knowledge or foresight of the consequences or risk. The approaches taken in the Code jurisdictions (including Canada and New Zealand) are considered, as well as recent recommendations made by law reform bodies in England and Wales, New South Wales and Victoria to codify the law of complicity. It is concluded that the doctrine should be abolished. It is a modem mistake of the criminal law that ignored an alternative line of cases focusing on common purpose and manslaughter. Traditional common purpose liability is sufficient to determine whether the secondary party ought to be held criminally responsible for murder, manslaughter or entitled to an acquittal. There is no need to reform the doctrine as the common law is otherwise equipped to deal with the criminal responsibility of the secondary party.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.011
metaresearch head score (Gemma)0.021
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.011
Threshold uncertainty score0.059

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0110.021
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.002
Bibliometrics0.0010.001
Science and technology studies0.0030.025
Scholarly communication0.0060.008
Open science0.0030.007
Research integrity0.0040.008
Insufficient payload (model declined to judge)0.0020.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.014
GPT teacher head0.293
Teacher spread0.280 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2017
Admission routes1
Has abstractyes

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