''R v Clarkson (David) (1971) 55 Cr. App. Rep. 445'' is an English criminal law case, dealing with

aiding and abetting Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide). It exists in a number of different countries and generally allo ...

and accessorial liability. The court ruled that 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 In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be establi ...

is present, the defendant's actions were not indictable, and his appeal was successful.

See also