References: , [1838] EngR 876, (1838) 8 Car & P 644, (1838) 173 ER 655
Links: Commonlii
Coram: Vaughan J, Alderson B
When, upon a previous arrangement, and after there has been time for the blood to cool, two persons meet with deadly weapons, and one of them is killed, the party who occasions the death is guilty of murder, and the seconds also are equally guilty, and with respect to others shewn to be present, the question is, did they give their aid and assistance by their countenance and encouragement of the principals in the contest? Mere presence will not be sufficien, but if they sustain the principals either by advice or assitance, or go to the ground for the purpose of encouraging and forwarding the unlawful conflict, although they do not say or do anything, yet if they are present, assisting and encouraging by their presence at the moment when the fatal shot is fired, they are, in law, guilty of the crime of murder.
This case is cited by:
- Cited – Gnango, Regina -v- SC ([2012] 2 All ER 129, [2012] 2 WLR 17, [2012] 1 Cr App R 18, [2012] 1 AC 827, Bailii, [2011] UKSC 59, SC Summary, SC, UKSC 2010/0165, Bailii Summary)
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether . .