During an attack by force on a house by a group of men who intended to take goods from the house, a woman was killed by a stone thrown by one of the group at another person.
Held: By a majority, they were all guilty of murder: ‘if two fight by appointment beforehand to do so, and an indifferent stranger come to part them, and be killed by one of them, it is murder in him who killed; and some said in both, but the others would not agree to this.’
Citations:
(1555) 2 Dyer 128b, (1555) 73 ER 279
Cited by:
Cited – Gnango, 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 04 May 2022; Ref: scu.467182