In what case was oxygen cutting equipment supplied to bank robbers?
BAINBRIDGE 1959
- A supplied OXYGEN CUTTING equipment to P
- Used to break into bank
- A convicted - appealed on ground that he did not know the INTENDED ILLEGAL use for the equipment
- CofA - A needed to know the type of crime that was going to be committed. It was not necessary to show exact details of location, date etc.
In what case was a member of a terrorist or given the job?
- MAXWELL
- Member of the UVF - given the job of driving a car to guide terrorist to a pub where they would perpretate an offence.
- D knew car would CONTAIN WEAPONS that would be used.
- D DID NOT KNOW type of offence (Pipe Bomb thrown into pub)
- D convicted and lost appeal. Must have CONTEMPLATED what would take place
What are the two forms of secondary participation?
- Joint enterprise - share COMMON purpose
2. Without sharing common purpose
Will D2 be liable if D1 makes a deviation to the plan?
No, as long as it is deliberate UNLESS D2 contemplated it’s commission
If D1 causes an unforeseen concequence in the execution of the joint enterprise, will D2 be liable?
Yes, to the extent that D1 is liable as long as the concequences arise from the execution
Will D2 be liable if D1 unitentionally deviates from the terms for which D2 offer encouragement or assistance?
Yes - D2 will be liable for D1’s mistakes as an accesory.
- D2 must accept responsibility for things which go right as well as wrong.
In what case did a the killing of woman lead a life sentance for the target of the shooting?
(ignoring the problems)
GNANGO 2012
- Gunfight between D and “Bandana Man”
- V shot in the head by Bandana man
- Supreme Court decided both D1 and D2 guilty of murder on transferred malice principle
What are the problems with GNANGO?
- D1 and D2 acting independently - could this be joint enterprise as no common purpose
- If joint enterprise is murder - effectively saying that you can assist your own murder
- Possibibly against European Conv on human rights
In what case did 3 robbers burst into a flat with knifes?
CHAN WING SIU:
- Each robber had a knife
- Claimed to be collecting a Debt from V
- One of the robbers killed V
- Convicted as an accessory as entered into criminal enterprise with potentially murderous wpns.`
In what case was the initial plan to attack V with wooden posts?
ENGLISH
- Despite plan, P used a knife
- This was considered as fundementally different.
- Aim had been GBH not murder.
- Initially convicted but HoL quashed conviction as clear that killing was not an aim for A.
In which did a brutal murder take place on a Swansea Beach?
RAFFERTY 2007
- Brutal attack took place on a Swansea Beach involving puching and kicks
- D then withdrew from the attack and the scene
- Co-attackers then stripped V naked and drowned him
- CofA - despite there being a joint enterprise D was not party to the killing despite being part of the attack and an earlier robbery on V.
