Three men had been involved in the burglary of a sub-post office. Two of them went into the building while the third waited outside. During the burglary the owner of the shop came on the scene and was knocked down. The third man was also convicted of burglary and assault with intent to rob. The judge directed the jury that if the defendants jointly decided to break into premises, each was liable for any incidental violence.
Held: His appeal succeeded. The summing-up treated it as a presumption of law that where a person was found to be acting in concert with others to commit a burglary, it should be presumed that he was also acting in concert with others to use violence in the course of the crime, whereas the jury had to be satisfied on the evidence that there was such a preconceived intention to use violence.
Lord Parker CJ said that the summing-up treated it as a presumption of law that where a person was found to be acting in concert with others to commit a burglary, it should be presumed that he was also acting in concert with others to use violence in the course of the crime, whereas the jury had to be satisfied on the evidence that there was such a preconceived intention to use violence.
Judges:
Lord Parker CJ
Citations:
[1960] Crim LR 840
Jurisdiction:
England and Wales
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: 14 May 2022; Ref: scu.560302