The two accused agreed to break into a flat, but before entry was achieved, W said he withdrew. The other burgled the flat with another.
Held: The appeal was allowed. The judge was wrong to tell the jury that communication of his withdrawal to a co-accused was insufficient.
References: (1984) 79 Cr App R 36
This case cites:
- Applied – Regina v Whitehouse 1941
(British Columbia) The court asked when a party to a joint enterprise may claim to have abandoned or withdrawn from that enterprise ‘Can it be said on the facts of this case that a mere change of mental intention and a quitting of the scene of the . .
([1941] 1 WWR 112, [1941] 1 DLR 683)
This case is cited by:
- Cited – Regina v Derek William Bentley (Deceased) CACD 30-Jul-1998
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. . .
(Times 31-Jul-98, , [1998] EWCA Crim 2516, (2001) 1 Cr App R 307)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.192084
