References: , [1831] EngR 502, (1831) 4 Car & P 565, (1831) 172 ER 827 (B)
Links: Commonlii
Coram: Garrow B
Ratio 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.’
This case is cited by:
- Cited – Jogee and Ruddock (Jamaica) -v- The Queen SC (18/2/2016, [2016] UKSC 8, [2016] WLR(D) 84, WLRD, [2016] UKPC 7)
The two defendants appealed against their convictions (one in Jamaica) for murder, under the law of joint enterprise. . .
(This list may be incomplete)
Last Update: 07-Mar-16 Ref: 320380