OF IMPLICATION, INSINUATION AND INCITEMENT R v Jones [2010] 3 All ER 1186 (CA)

Authors

  • Shannon Hoctor
  • Samantha Krause

DOI:

https://doi.org/10.17159/obiter.v32i3.12250

Keywords:

incitement, insinuation

Abstract

Can the crime of incitement be committed by insinuation? Can a conversation about growing tomatoes by implication actually be a
conversation about the crime of producing cannabis? These are the questions which arise from the recent English case of R v Jones ([2010] 3 All ER 1186 (CA)). Although the English law relating to the way in which encouraging crime is criminalised has recently changed, the similarities between the previous (common-law) position in England (which was the law to be applied in Jones) and the current South African law make for a useful comparison between these systems, and it is to this that we now turn.

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Published

08-09-2021

Issue

Section

Cases

How to Cite

OF IMPLICATION, INSINUATION AND INCITEMENT R v Jones [2010] 3 All ER 1186 (CA). (2021). Obiter, 32(3). https://doi.org/10.17159/obiter.v32i3.12250