Complicity 2

Question 1

In what case was oxygen cutting equipment supplied to bank robbers?

Answer 1

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.

Question 2

In what case was a member of a terrorist or given the job?

Answer 2

• 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

Question 3

What are the two forms of secondary participation?

Answer 3

1. Joint enterprise - share COMMON purpose

2. Without sharing common purpose

Question 4

Will D2 be liable if D1 makes a deviation to the plan?

Answer 4

No, as long as it is deliberate UNLESS D2 contemplated it’s commission

Question 5

If D1 causes an unforeseen concequence in the execution of the joint enterprise, will D2 be liable?

Answer 5

Yes, to the extent that D1 is liable as long as the concequences arise from the execution

Question 6

Will D2 be liable if D1 unitentionally deviates from the terms for which D2 offer encouragement or assistance?

Answer 6

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.

Question 7

In what case did a the killing of woman lead a life sentance for the target of the shooting?
(ignoring the problems)

Answer 7

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

Question 8

What are the problems with GNANGO?

Answer 8

• 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

Question 9

In what case did 3 robbers burst into a flat with knifes?

Answer 9

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.`

Question 10

In what case was the initial plan to attack V with wooden posts?

Answer 10

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.

Question 11

In which did a brutal murder take place on a Swansea Beach?

Answer 11

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.