The appellant attended a jazz concert being given by a saxophonist whom he knew had entered the country illegally. The appellant, who was the owner of a music magazine, was held to have been properly convicted of the immigration offence committed by the saxophonist, on the basis of aiding and abetting because he was not only present at the concert, but paid an admission fee and later published in his magazine an article and photos lauding the saxophonist’s performance.
However, the mere presence alone of the inciter or aider on the commission of the offence was insufficient to act as an encouragement and that there must on behalf of the secondary party be an intention to encourage, or actually encourage beyond an accidental presence at the scene of the crime.
Judges:
Lord Goddard CJ
Citations:
[1951] 1 All ER 464, 115 JP 151
Jurisdiction:
England and Wales
Crime
Updated: 30 March 2022; Ref: scu.655556