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R v Stewart and Schofield [1995] 1 Cr App R 441

By Oxbridge Law TeamUpdated 04/01/2024 07:02

Judgement for the case R v Stewart and Schofield

Table Of Contents

  • In an attempted robbery, Schofield (S) kept watch, while Stewart (S) and Lambert, both armed, went into the shop. Lambert beat the shopkeeper to death.

  • S & S claimed not to have contemplated committing murder and that this only happened because L was a racist and the shopkeeper was black.

  • The Jury convicted them of manslaughter and CA upheld convictions, saying that this was open to the jury since whether or not Defendant 2s contemplated a certain type of crime was a question of fact (NOT law).

  • Where Defendant 2 had the mens rea for a lesser offence then he could be convicted of a lesser crime than Defendant 1 (Lambert was convicted of murder), i.e. where the act was within the scope of the JCE but was not foreseen by the accessory, the accessory had a lesser mens rea and could be convicted of a lesser crime. 

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