It is for the jury to decide the question as to what the defendant had joined up to in a joint enterprise case by considering the knowledge and actions of those involved. The jury would have to be sure before the defendant was convicted that the defendant had participated in the joint enterprise foreseeing that in the course of that joint enterprise the person who killed might use force with intent to kill or cause really serious bodily injury.
Citations:
[2004] EWCA Crim 526, [2004] 2 Crim App R 20
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Micthell and King CACD 1988
The court considered whether the defendants had continued to be involved in a criminal action where they were originally involved, but claimed to have ceased involvement.
Held: In considering whether a person had withdrawn, there must usually . .
Cited by:
Cited – Mitchell and Another, Regina v CACD 4-Nov-2008
The appellant challenged their convictions as ancillary parties to a murder, particularly as to the joint enterprise direction. There had been a scuffle outside a pub. The appellant went away with others to a nearby house, and returned with them . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 10 June 2022; Ref: scu.194696