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8 Cards in this Set

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  • Back

What is Joint Enterprise?

Where two or more people participate in the commission of an offence with a common purpose to do so

What is the idea of 'common purpose' in Joint Enterprise? And what case shows this?

Mendez & Thompson - there will be a common purpose if both parties [D] + [P] spontaneously combine together in an attack.

What is the contemplation test and in what case was this established?

English 1999 - X must foresee (contemplate) that Y will not only commit another crime, but that Y will also have the mens rea of that crime. X must have foreseen the commission of that particular offence as a 'real possibility'

What is the 'fundamentally different act qualification'?

X will be liable on the mere foresight of the commissioning of the offence unless the act committed by Y is fundamentally different to that contemplated

What were the requirements needed for a fundamentally different act in Rahman 2008?

1) [Y] suddenly produced and uses a weapon of which [X] knows nothing of, and which is more than lethal that the weapon [X] contemplates

2) For that reason, [Y]'s act will be considered as fundamentally different from anything foreseen by [X]

In Yemoh 2009, when does the fundamental difference qualification apply?

1) In murder

2) If D:

a) Realised that one of the parties might kill with intent to kill or cause GBH

b) Intended that serious harm would be caused

c) Realised that one of the parties might cause GBH with intent to cause such harm

What's the case on withdrawal/repentance from participation

Mendez & Thompson

When and how can participation in crime be withdrawn? What case shows this?

Lankford 1959 - If the alleged defendant withdraws their involvement anytime before the commission of the offence, this will constitute an effective withdrawal, even in the early preparatory stages.