References: (1940) 28 Cr App R 1
Appleby and Osler, while committing an offence of warehouse-breaking, were surprised by police officers. They attempted to escape, but were pursued by the officers and a shot was fired by Osler which killed one of the officers. The expression ‘Let him have it’ was used by one of two professional criminals who were found guilty of murdering a police officer. ‘a much less degree of violence may be sufficient to justify a verdict of guilty of murder in the case of a police officer who is killed in the execution of his duty, in arresting a person or detaining a person in custody, so long as the arrest is lawful, than would suffice in the case of another person. If that proposition is good law today, as in the opinion of this Court it is, it seems to follow that two persons engaged in committing a felony with a common design to resist by violence arrest by an officer, have a common design to do that which, if it results in death, would amount to murder.’
This case is cited by:
- Cited – Regina -v- Derek William Bentley (Deceased) CACD (Times 31-Jul-98, Bailii,  EWCA Crim 2516, (2001) 1 Cr App R 307)
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. . .