Defendants watched X rape a woman and did nothing to stop him. However they did nothing to encourage the rape nor was there evidence to show that they intended to encourage the rape.
They were convicted but CA quashed convictions on basis that intent and act of encouragement had to be proved (not mere presence).
Of course there could be instances where mere presence was the purpose of the event (e.g. illegal prize fighting) and could be construed as encouragement. Not the case here.
Criminal Law notes fully updated for recent exams at Oxford and Cambrid...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get StartedThese product samples contain the same concepts we cover in this case.
Criminal law | Complicity Notes (23 pages) |
Criminal Law | Inchoate Offences Notes (23 pages) |
Criminal Law | Problem Questions Notes (38 pages) |