Common Design/Joint Enterprise Flashcards
Hanly States: Re common design
Doctrine applies where several individuals act in concert - to achieve an unlawful common goal.
If individuals agree to a purpose - they agree to whatever actions necessary to achieve that purpose
Common Design Defence
If one member of the common design goes completely outside of what was agreed and causes unlawful result
Anderson & Morris
Up to the jury to decide if one AC’s acts were outside the joint enterprise
Murray
Husband could not be convicted when his wife killed garda as there was no evidence of plan to do so
Eccles
AC attended meetings prior to commission of robbery which garda was shot ‘garda would be taken care of’ - Killing of AGS was within plan
Doohan
AC hired man to beat up 3rd party - V was shot instead
Held were D wanted V to suffer serious injury - where two set out on joint enterprise can be liable for unusual consequences - there was evidence use of gun was not outside the agreement
Ryan
D agreement injure V was inferred from - D’s knowledge of presence of weapon and had contemplated it’s use
DPP v Dekker
Agreement to ‘give V a hiding’ - man armed w sheers D knew this -
Held if D knows assault is purpose and other is carrying lethal weapon
It will be understood that D intended serious injury or death for V
Adopted Rahman
R v Rahman
V attacked by group who had blunt weapons - died by stab wound
Jury could convict each D if sure one or more realised possibility of the stabbing
Or could hold that it was in a ‘different league’
Proving Common Design
[1] Whether the agreement [either express or implied] contained the charged offence
[2] Offence is apart if within contemplation of D [English Approach]
Accessories after the fact
S7 of CLA 1997 -
S7[2] Where person committed arrestable offence - D with intent impedes prosecution or apprehension
S7[3] may be guilty of different offence also
Walter
Innocent agency -
Child stole tricycle=innocent
parents who put him up to it = guilty by secondary participant
Whitehouse
Timely communication of the intention to abandon the common purpose to the parties who intend seeing the plan through
Must be ‘unequivocal notice’
Gauthier
murder suicide - wife abandoned
Held abandonment only if:
[1] intention to abandon
[2] Timely communication to those continuing
[3] Communication=unequivocal notice
[4] D took reasonable steps proportionate to his participation to either NEUTRALISE effect of his participation
Wife had to do more to neutralise her participation here
