Two men went out by night with carts to steal apples. They were detected by the landowner’s watchman. One of the thieves attacked him with a bludgeon which he was carrying and caused the man severe injury. The second thief was tried for assault and wounding with intent to murder.
Held: Garrow B ruled: ‘To make the prisoner a principal, the Jury must be satisfied that, when he and his companion went out with a common illegal purpose of committing the felony of stealing apples, they also entertained the common guilty purpose of resisting to death, or with extreme violence, any persons who might endeavour to apprehend them; but if they had only the common purpose of stealing apples, and the violence of the prisoner’s companion was merely the result of the situation in which he found himself, and proceeded from the impulse of the moment, without any previous concert, the prisoner will be entitled to an acquittal.’
Judges:
Garrow B
Citations:
[1831] EngR 502, (1831) 4 Car and P 565, (1831) 172 ER 827 (B)
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.320380
