Poachers were stopped by a gamekeeper, who was shot by one of them. Pollock CB explained the law as it affected accessories: ‘ . . the doctrine of constructive homicide . . does not apply where the only evidence is that the parties were engaged in an unlawful purpose: not being felonious. It only applies in cases where the common purpose is felonious, as in cases of burglary: where all the parties are aware that deadly weapons are taken with a view to inflict death or commit felonious violence, if resistance is offered. That doctrine arose from the desire on the part of old lawyers to render all parties who are jointly engaged in the commission of a felony responsible for deadly violence committed in the course of its execution. But that doctrine has been much limited in later times, and only applies in cases of felony, where there is no (sic) evidence of a felonious design to carry out the unlawful purpose at all hazards, and whatever may be the consequences. The possession of a gun would not be any evidence of this, for a gun is used in poaching. And poaching itself is only an unlawful act and a mere misdemeanour.’
Citations:
[1866] EngR 34, (1866) 4 F and F 831, (1866) 176 ER 854
Links:
Cited by:
Cited – Jogee 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: 15 May 2022; Ref: scu.280745