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R v Stewart and Schofield

[1995] 1 Cr App R 441

Case summary last updated at 11/01/2020 14:25 by the Oxbridge Notes in-house law team.

Judgement for the case R v Stewart and Schofield

 In an attempted robbery, Schofield kept watch, while Stewart 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 D2s contemplated a certain type of crime was a question of fact (NOT law). Where D2 had the mens rea for a lesser offence then he could be convicted of a lesser crime than D1 (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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