A policeman was attacked on the staircase of someone’s home. Grundy arrived within a few seconds and joined in the attack including headbutting the police officer. The assault continued when the police officer was knocked to the ground. It could not be said whether the victim’s nose had been broken before or after he had joined the attack. G had argued that the broken nose was the relevant serious injury and the trial judge’s directions were that it was the totality of the injury suffered which could amount to grievous bodily harm if the jury so thought and it did not matter that the attack by Grundy’s co-defendants began a few seconds before he joined in.
Held: Grundy was aiding the commission of the offence as soon as he joined in and there was ample evidence that the police officer sustained grievous bodily harm in the attack in which all three participated.
A person can withdraw until the acts of the principal offender reach the stage of an attempt.
Citations:
(1989) 89 Cr App R 333
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Percival CACD 13-May-2003
The defendant appealed a conviction for wounding. He had been involved in a joint enterprise with others in an assault. After the wound had been made, the defendant had himself assaulted the victim, but not to the extent of causing injury.
Cited – Press and Another v Regina CACD 24-Oct-2013
Three defendants appealed against their convictions of assault. One defendant argued that the court did not direct the jury as to the effect of intoxication and/or post-traumatic stress disorder upon the issue of intent, and as to whether and to . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 06 May 2022; Ref: scu.182506