Common Intent Required for Joint Enterprise
(Berkshire Assizes) An indictment charged Edmeads and others with unlawfully shooting at game keepers.
Held: The learned Baron ruled on the question of common intent, ‘that is rather a question for the Jury; but still, on this evidence, it is quite clear what the common purpose was. They all draw up in lines, and point their guns at the game-keepers, and they are all giving their countenance and assistance to the one of them who actually fires the gun. If it could be shown that either of them separated himself from the rest, and showed distinctly that he would have no hand in what they were doing, the objection would have much weight in it.’
Baron Vaughn
[1828] EngR 441, (1828) 3 Car and P 390, (1828) 172 ER 469
Commonlii
England and Wales
Cited by:
Cited – Regina v Becerra and Cooper CACD 1975
The defendants sought leave to appeal against their convictions for a brutal and horrific murder. Becerra suggeste dtat he had wanted to withdraw from the event before the murder took place.
Held: The appeal failed: ‘ in the circumstances then . .
Lists of cited by and citing cases may be incomplete.
Crime
Leading Case
Updated: 10 November 2021; Ref: scu.323205