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R v O’Flaherty

[2004] EWCA Crim 526

Case summary last updated at 11/01/2020 14:31 by the Oxbridge Notes in-house law team.

Judgement for the case R v O’Flaherty

 Case involved a v. complex brawl. The outcome from the CA was that it is for the jury to decide if the action went beyond the scope of the JCV and that a joint enterprise could occur on the spur of the moment taking into account the relevant knowledge of the defendants e.g. a fight erupts and in that fight a few people decide to kill V. In deciding if D had withdrawn from the JCV they should ask whether he was “still in it” e.g. where a group of people are attacking V, if D was still present and encouraging them then he was clearly “still in it” (as in this case). 

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