Parties - Case Law Flashcards
COMMON INTENTION
R v BETTS and RIDLEY
Where two or more persons form a common intention and embark on a joint enterprise, each is liable for any acts done in pursuance of the joint enterprise, including unusual consequences arising from its execution. However, if one of them goes beyond what has been tacitly agreed as part of the joint enterprise, the other is not liable for the consequences of the unauthorised act
SPECIAL RELATIONSHIP
R v RUSSELL
Special relationship denoting legal duty or obligation.
RUSSELL was charged with murdering his wife and children when, after an argument the wife jumped into a swimming pool with her kids and drowned all three. RUSSELL simply stood and watched and did not try to save them.
Because of his SPECIAL RELATIONSHIP he was legally and morally bound to ensure the safety of his children and wife. He deliberately abstained from his obligation and was therefore guilty of murder.
LEGAL DUTY
ASHTON v POLICE
A person teaching another to drive is under a legal duty to ensure that the vehicle is driven safely, because under s 156 of the Crimes Act 1961, they are in charge of a dangerous thing.
ASHTON was held a party to the offence of dangerous driving.
