Chan Wing-Siu v R [1985] AC 168
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-07 20:24:28 UTC
Defendants (3 of them) broke in to Victim’s flat, and one of them stabbed and killed him and wounded his wife.
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HL upheld murder convictions, saying that all Defendants could be convicted if they had foreseen that such an outcome might occur as part of the joint criminal venture (JCV).
Given that they were all carrying knives, this was clearly the case.
It is for the jury to decide whether the risk recognised by Defendant 2 was sufficient to make him a party to the crime committed by the principal (i.e. if the risk Defendant 2 foresaw was not too “remote” to make him innocent of the crime).
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