A co-accused in a murder by a gang, where the existence of the murder weapon which was used, was outside the expectation of the defendant, need not himself be guilty, because of the different circumstances which applied in his case.
Judges:
Lord Justice Beldam Mr Justice Johnson And Mr Justice Wright
Citations:
Times 02-Apr-1998, [1998] EWCA Crim 999, [1998] 3 WLR 1000, [1999] QB 431, [1999] Crim LR 987, [1999] 1 Cr App R 319, [1998] 2 All ER 744
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Chan Wing-Siu v The Queen PC 21-Jun-1984
The appellant and co-accused were charged with murder. They said they had gone to meet the deceased to collect a debt, but had been attacked with a knife by the deceased. Two of the three had knives and knew of the other knife.
Held: All were . .
Cited – Regina v Powell (Anthony) and Another; Regina v English HL 30-Oct-1997
When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point . .
Cited by:
Cited – Regina v Derek William Bentley (Deceased) CACD 30-Jul-1998
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. . .
Cited – Rahman and Others, Regina v HL 2-Jul-2008
The defendants appealed against their convictions for murder. None had themselves inflicted any violence, but were convicted as part of a joint enterprise. They said they had not known that the principal carried a knife. They said that the evidence . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 October 2022; Ref: scu.153873