Director of Public Prosecutions for Northern Ireland v Maxwell: CCA 1978

The defendant was a member of a terrorist organisation, the Ulster Volunteer Force (‘UVF’). Under UVF instructions he took part in what he knew was a planned military mission, by guiding a car containing three or four other men on a cross country journey to a country inn on a winter evening. He knew that they were intending to carry out some form of violent attack on the inn, whether by shooting, bombing or some incendiary device, and he intentionally acted in order to help them to carry out the mission. He did not know the precise form of attack that they were intending to carry out (which was in fact an explosion). He had been charged in the indictment as a principal when he was a secondary, as regards offences of doing an act with intent to cause an explosion and being in possession of a bomb.
Held: The accused was properly convicted of the accessory offence.
It will be sufficient if the offence that was committed was one of a number of offences that the principal party was likely to commit.

Judges:

Lowry LCJ

Citations:

[1978] 1 WLR 1350, [1978] 3 All ER 1140, (1979) 68 Cr App R 128

Jurisdiction:

Northern Ireland

Cited by:

CitedJogee and Ruddock (Jamaica) v The Queen SC 18-Feb-2016
Joint Enterprise Murder
(and in Privy Council) The two defendants appealed against their convictions (one in Jamaica) for murder, under the law of joint enterprise. Each had been an accessory when their accomplice killed a victim with a knife. The judge in Jogee had . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 May 2022; Ref: scu.560301