Case link: Secondary liability – withdrawal – Rafferty [2007] EWCA Crim 1846

“The appeal… is concerned with the liability for murder or manslaughter of a secondary party who has withdrawn from the attack on the victim prior to its conclusion.”

To read the decision click here

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Case link: Joint enterprise – Rahman [2007] EWCA Crim 342

“The appeal is primarily concerned with joint enterprise in cases of homicide and, in particular, with the rule the effect of which is that a limited category of secondary parties will not be guilty of murder if the fatal act of the primary party was fundamentally different to that foreseen by the secondary party…

The principal criticism made by Mr Harrison QC as initially developed may be simply stated:
The judge should have directed the jury, when considering whether the actions of the knifeman in producing the knife and stabbing Tyrone Clarke with it were within the scope of the common purpose, to take into account that the intention of the knifeman was to kill the deceased.”

To read the decision of the Court of Appeal click here

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