Lord Lane CJ referred to the use of a pick axe handle in a burglary, ‘Foreseeability that the pick axe handle might be used as a weapon of violence was practically indistinguishable from tacit agreement that the weapon should be used for that purpose.’ However: ‘The suggestion that a mere foresight of the real or definite possibility of violence being used is sufficient to constitute the mental element of murder is prima facie, academically speaking at least, not sufficient.’
Judges:
Lord Lane CJ
Citations:
[1990] Crim LR 119
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: 16 May 2022; Ref: scu.560307