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common design and joint liability - Coggle Diagram
common design and joint liability
common design / joint enterprise
innocent agency
R v Manley
if employe an innocent agent (child or animal) to execute criminal enterprise - will be guilty of the crime
R v Butt
gave false info to bookkeeper - bookkeper didn't know entering wrong figures - defendant was one guilty
all principles agree to commit offence
R v Anderson and Morris
3 decide to rob bank, 2 inside 1 lookout - all equally guilty if goesto plan - if one stabs someone with knife which is outside plan - then 1 is liable
Chan win-Siu
both went with knives to collect debt,each has sufficient intent if foresaw possibility of death or serious boidly harm
common law doctrine
people v hourigan
if one party exceeds plan, goes beyond scope
people v frame
if one had knife without knowledge of other parties - outside common design
People v Murray
- concious running of unconsiable risk - fleeing robbbery, not convicted of murder unless part of common design - shooting person not part of common design - 1 dissenter - willing to use force to escape
People v Ryan
gang fight, one person killed, up to jury to decide if common intention to cause injury- use of weapon in common design - likely anyone with weapon would use it
People v Eccles
garda killing during robbery, meetings pre robbery - knew armed robbery - and any resistance from garda would have to be handled
DPP v cumberton
arranged victim to be at certain place, though victim would only get beat -
R v moloney
infer intent from behaviour
Pringle
armed robbery, shot at ceiling, person outside shot at garda car - based on evidence -plan to use guns if necessary - common intention to kill or seriously injure anyone in their way
rose
mind the blood - not part of assault
withdrawal
becerra
gave copper a knife, someone in house, becerra ran away - high degree of formality required to withdraw if entered house
R v Whitehouse
must communicate intention to withdraw
secondary liability
R v Coney
if presence accidental not aiding or abetting
criminal act 1997 s7
if aid, abet, counsel or procure indictable offence - tried and punished as principal
AG Ref
4 words used for a reason each have own meaning
aiding
assistance of some kind
DPP v Egan
armed robbery, expensive jewellry stolen, egan made shop available - convicted of robbery - can aid or abet without bing present- issue if knew
nature
of crime
DPP v O'Reilly
drove getaway car, HC - don't need to be present - intention to assist
mere presence not sufficient
people v jordan and deegan
presence at dog fight no evidence to infer encouragement
R v Stringer
2 chasing victim, 3rd caught and killed person - sufficient evidence aided - knowledge would help
abetting
often used with aiding - sometimes with counselling -encoruage or assist
Counselling
R v Giannetto
if said anything to encourage murder or positive can be sufficient to make guilty
R v Stringer
- pass weapon to someone but weapon not used - can be considered counselling - some connection required
aware of counselling
R v Calhaem
hitman paid to kill woman, charged, hitman never said planned to kill woman, but he killed her as she was screaming - counselling present - person acted within scope of counselling and was aware of it
procurring
AG Ref
produce by endeavour
drug friends drink, procuring them to commit driving offence
causal link required for procuring -
AG Ref
if spike drink, causal effect
mens rea
intention and knowledge
must intend to assist principal
must know all essential matters pertaining to crime
knowlege incomplete
R v Clarkson
2 soldiers heard scream and watched it happen, no evidence of active encouragement
knowledge of essential elements
r v Bainbridge
cutting equitment to break into bank, didn't realise used to break into bank thought used to beak up stolen goods - need to know type of offence - convicted by jury
DPP NI v Maxwell
= told by another member of UVF guide another car, other car placed bomb - had known a job planned - must have known would involve bomb or shooting - knew assisting para military group
DPP v Madden
victim machine gunned to death, man who stole car overheard talk of getting victim - had knowledge would cause serious injury - if person takes active step in preparing for crime likelyt o cause seriou injury and death occurs - guilty of murder
DPP v Egan
store available for stolen jewellry - knew small crime take place, didn't realie armed robbery - but knew general category of crime
assessory after the fact - 7(2) 1997 act - if intend to impede investigation - don't need to prove did it
criminal law act 1997 s8 = offence to conceal arrestable offence for profit
3 years on indictment