R v Becerra and Cooper [1976] 62 Cr App R 212
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:13:55 UTC
Becerra (B), and Cooper (C) were robbing a flat and B had given C a knife in case of interruption.
When they were interrupted, B shouted “lets go” and jumped out the window. C stayed and stabbed the homeowner, V, and B was convicted of murder as an accessory.
CA said that the actions of B were not sufficient to constitute withdrawal from the common agreement before the stabbing.
Roskil LJ
Says that B and C would have had to do something far more effective than say “lets go” and flee in order to countermand his prior actions and to be seen to withdraw from the common agreement, e.g. for B to physically prevent C from attacking V.
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