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Chan Wing-Siu v R

[1985] AC 168

Case summary last updated at 10/01/2020 16:35 by the Oxbridge Notes in-house law team.

Judgement for the case Chan Wing-Siu v R

 Ds (3 of them) broke in to V’s flat, and one of them stabbed and killed him and wounded his wife. HL upheld murder convictions, saying that all Ds 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 D2 was sufficient to make him a party to the crime committed by the principal (i.e. if the risk D2 foresaw was not too “remote” to make him innocent of the crime). 

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