Hobhouse LJ said: ‘The question whether the relevant act was committed in the course of carrying out the joint enterprise in which the defendant was a participant is a question of fact not law. If the act was not so committed then the joint enterprise ceases to provide a basis for a finding of guilt against such a defendant. He ceases to be responsible for the act. This is the fundamental point illustrated by Anderson and Morris and Lovesey and Peterson. But it does not follow that a variation in the intent of some of the participants at the time the critical act is done precludes the act from having been done in the course of carrying out the joint enterprise as is illustrated by Betty and Reid.
The appeals against conviction must accordingly be dismissed.!
Judges:
Hobhouse LJ, Turner, Wright JJ
Citations:
[1994] EWCA Crim 3, [1995] 1 Cr App R 441, [1995] 3 All ER 159
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Reid CACD 1975
Three men, alleged by the Crown to be supporters of the IRA, armed with weapons, went to the house of an army officer at night. When he opened the door one of them shot him. Two were convicted of murder; the third, Reid, was acquitted of murder but . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 08 July 2022; Ref: scu.245682