Complicity, crime and conjoined twins
This article looks at the difficulties facing a court required to sentence a conjoined twin convicted of a criminal offence. If the other conjoined twin could be convicted as a party to the offence, many of the difficulties with punishment could be overcome. In the eyes of the criminal law, a person who aids in or encourages the commission of a crime is as blameworthy as the person who commits the offence. This article argues that the fact that one conjoined twin is inevitably present at a crime committed by the other does not automatically mean that the non-perpetrator is an accessory. Mere presence is not enough – generally, an accessory must intentionally assist or encourage the offender, and must promote or assist in the crime. Further, in the absence of a conviction of the non-perpetrator of the offence as an accessory, it would seem there is no way to punish the guilty conjoined twin without also unjustly punishing the innocent sibling.
Alternative Law Journal
Law not elsewhere classified