Joint Enterprise

Question 0

Powell

Answer 0

Whether a crime was an incident of the joint enterprise depends on whether it was foreseen by S.

Question 1

Peters and Parfitt

Answer 1

For a joint enterprise to exist there must be an agreement or reciprocal understanding between S and P so that they in fact share a purpose.

Question 2

O Flaherty

Answer 2

The question of fundamental difference is a question of fact for the jury.

Question 3

Gamble

Answer 3

An act will be fundamentally different when it is entirely different from the subject of the joint enterprise.

Question 4

Rafferty

Answer 4

The act will be fundamentally different when it is a frolic of P’s own stepping outside the scope of the common purpose.

Question 5

English

Answer 5

If the act of P is of a different order of dangerousness from what S envisaged it will be a fundamental departure from the joint enterprise.

Question 6

Rahman (2 precedents)

Answer 6

1. The assessment of “dangerousness” must take place in context.
2. An unexpected intention cannot render P’s act a fundamental departure because fundamental departure refers only to what S foresaw P might do, not the intent he foresaw P might have.

Question 7

Uddin

Answer 7

If S continues to participate in the joint enterprise after realizing that P may do something fundamentally different from what she initially contemplated there will be no fundamental departure.

Question 8

A, B, C and D

Answer 8

S must foresee the essential elements of the crime eventually committed by P and this includes the actus reus and mens rea elements of the crime.