Site icon swarb.co.uk

Brown and Isaac v The State: PC 29 Jan 2003

PC (Trinidad and Tobago) The defendants appealed their convictions for murder on a joint enterprise basis.
Held: If more than one person participates, in whatever capacity, in attacking a victim, each intending that he be killed, then, if he dies, all are guilty of murder.
Lord Hoffmann said: ‘The simplest form of joint enterprise, in the context of murder, is when two or more people plan to murder someone and do so. If both participated in carrying out the plan, both are liable. It does not matter who actually inflicted the fatal injury. This might be called the paradigm case of joint enterprise liability.’

Judges:

Lord Hoffmann

Citations:

[2003] UKPC 10

Links:

PC, PC, Bailii

Cited by:

CitedRahman 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 . .
CitedGnango, Regina v CACD 26-Jul-2010
The defendant appealed against his conviction for murder. He had engaged in a street battle using guns. A bullet from an opponent killed an innocent passer by. The court was asked whether the principles of joint venture and transferred malice could . .
CitedGnango, Regina v SC 14-Dec-2011
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 07 June 2022; Ref: scu.179615

Exit mobile version