Cases: Criminal Law

Anderson [1986] 2 AC 27

D was part of a group planning to affect the escape of one of them from prison. D was paid to supply diamond wire capable of cutting through metal bars. D was charged with conspiracy to affect the escape of a prisoner. D claimed that he only wanted to be paid and did not intend…

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Yip Chiu-Cheung [1995] 2 All E.R. 924

D1 arranged with D2 (undercover police officer) to traffic illegal drugs between Hong Kong and Australia. D2 intended to carry out the plan but also inform the authorities in both countries in order to identify suppliers and recipients of the drugs, so both could be arrested. However, D2 missed his flight and the plan failed….

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Shillam [2013] EWCA Crim 160

There was evidence of a central figure (D2), who supplied illegal drugs and cutting equipment to several others including D1 (the appellant), D3 and D4. Each were charged with a single conspiracy to supply cocaine. CoA: Appeal allowed. D1, D3, and D4 were not parties to a single grand conspiracy to supply cocaine across the…

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Walker [1962] Crim LR 458

D1 discussed with D2 and D3 the proposition that they should steal a payroll, but D1 later withdrew from the negotiation. Charged with conspiracy to rob. Crown Court: guilty of conspiracy to rob. CoA: appeal allowed. There was no evidence of a decision, of an agreement being reached.

AG’s Reference (No 3 of 1992)

D (and others) threw petrol bombs towards a car containing V, reckless as to the endangerment of V. The throws missed. D was charged with attempted aggravated arson. Crown Court: Not guilty of attempted aggravated arson. Although the principal offence allowed for liability where D is merely reckless as to the endangerment of life (ulterior…

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