| Chan Wing-Siu v The Queen [1985] AC 168 |
Stated that a secondary party could be liable for a further offence (crime B) committed by the principal in the course of a joint venture (crime A) if the secondary party foresaw the possibility of crime B. |
Held to have introduced a new, erroneous principle by equating foresight with the mental element for secondary liability for crime B; the court corrected that approach. |
| R v Powell and R v English [1999] 1 AC 1 |
Affirmed that realisation that the principal might kill with intent sufficient for murder could found murder liability for the secondary party; developed the “fundamentally different” concept (in English). |
Treated as part of the line of authority founded on the mistaken Chan Wing-Siu approach; the court explained why reliance on “fundamental departure” largely fell away under the corrected test. |
| National Coal Board v Gamble [1959] 1 QB 11 |
Intention to assist/encourage requires knowledge of facts necessary to give the principal’s conduct its criminal character. |
Used to state orthodox mens rea for secondary liability, including where the offence requires no mens rea beyond intentional assistance of the prohibited act with relevant knowledge. |
| Attorney General v Able [1984] QB 795 |
Example of applying the requirement of knowledge of essential facts for accessory liability. |
Cited as an illustration of the orthodox approach to mens rea in secondary liability. |
| Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112 |
Example of applying the requirement of knowledge of essential facts for accessory liability. |
Cited as an illustration of orthodox principles on intention/knowledge for assistance or encouragement. |
| Director of Public Prosecutions for Northern Ireland v Maxwell [1978] 1 WLR 1350 |
Accessory liability where the secondary party intentionally assists a violent attack within a range of contemplated forms, without knowing the precise form. |
Used to explain that it can be enough that the offence committed falls within a range of offences intentionally assisted/encouraged. |
| Johnson v Youden [1950] 1 KB 544 |
Lack of knowledge of the facts conferring criminality defeats accessory mens rea. |
Used to demonstrate the necessity of knowledge of essential criminal facts for aiding and abetting. |
| R v Coney (1882) 8 QBD 534 |
Presence/association may be evidence of encouragement/assistance but is not necessarily sufficient. |
Used to stress that mere presence or association does not automatically establish secondary liability. |
| R v Calhaem [1985] QB 808 |
Prosecution need not prove encouragement/assistance had a positive causal effect on the principal’s conduct. |
Used to explain that assistance/encouragement need not be shown to have altered the outcome, subject to remoteness questions. |
| Hyde (1672) |
Illustration that earlier encouragement may be “spent,” so later offending may not be attributable to the accessory. |
Used to show factual limits where separation/withdrawal or distancing may break attribution of encouragement/assistance. |
| R v Collison (1831) 4 Car & P 565 |
Co-adventurer liable for greater violence only if common purpose included resisting with extreme violence if needed. |
Used as part of the pre-Chan Wing-Siu line requiring shared purpose/intent rather than “probable consequence.” |
| R v Macklin (1838) 2 Lewin 225 |
Authority consistent with the need to identify common design for the greater act. |
Cited as part of the historical line supporting intent/common purpose analysis. |
| R v Luck (1862) 3 F & F 483 |
Authority consistent with the need to identify common design for the greater act. |
Cited as part of the historical line supporting intent/common purpose analysis. |
| R v Turner (1864) 4 F & F 339 |
On murder, there must be evidence of common design regarding the homicidal act itself. |
Cited as reinforcing the requirement of shared intent regarding homicide, not merely a common felony. |
| R v Skeet (1866) 4 F & F 931 |
Discussion of constructive homicide limits and evidential significance of weapons in joint ventures. |
Used to illustrate historical complexities and the evidential, not determinative, role of weapon possession. |
| R v Spraggett [1960] Crim LR 840 |
Quashed conviction where judge treated incidental violence as presumed from acting in concert to burgle; required proof of preconceived intention to use violence. |
Used to reinforce that violence liability depends on intention, not presumptions from participation in another offence. |
| R v Smith (Wesley) [1963] 1 WLR 1200 |
Approved direction distinguishing murder (intent to kill/GBH) from manslaughter (intent to hit/hurt); participants may have different mens rea and hence different homicide liability. |
Treated as inconsistent with Chan Wing-Siu for murder liability: foresight is not the same as intent; used also in explaining manslaughter principles. |
| R v Betty (1964) 48 Cr App R 6 |
Noted approval of the Wesley Smith summing-up. |
Used to confirm the orthodox approach requiring murder mens rea for murder liability. |
| R v Anderson and R v Morris [1966] 2 QB 110 |
Co-adventurer not liable where principal “goes beyond” what was tacitly agreed; recognition of “overwhelming supervening event.” |
Explained as not supporting Chan Wing-Siu; used for the “departure”/spent-assistance concept and limits to attribution. |
| R v Reid (1976) 62 Cr App R 109 |
Manslaughter liability where enterprise envisaged some degree of violence; murder requires murderous mens rea; escalation risk recognised; distinguished “overwhelming supervening event.” |
Used to show pre-Chan Wing-Siu law required murder mens rea for murder, and provided manslaughter as an available homicide category. |
| Johns v The Queen [1980] HCA 3; (1980) 143 CLR 108 |
Orthodox approach: liability where jury can infer assent to enterprise that includes (conditionally) the violent act (e.g., discharge of a firearm should the occasion arise). |
Used to show the correct ratio was assent/conditional intent, not mere “probability,” and did not justify Chan Wing-Siu’s foresight test. |
| Miller v The Queen (1980) 55 ALJR 23 |
Upheld direction understood as requiring a plan that included possible murder; not a crime A/crime B escalation case. |
Used to show it did not support a distinct parasitic liability doctrine. |
| Davies v Director of Public Prosecutions [1954] AC 378 |
Accomplice-warning context: absent evidence that others intended/concerted/contemplated knife attack, others should not be treated as accomplices in knife use. |
Held to be in a different context and not supporting Chan Wing-Siu’s principle; “contemplation” there was evidential, not a legal test for murder liability. |
| R v Slack [1989] QB 775 |
Early Court of Appeal attempt (post-Chan Wing-Siu) emphasising lending oneself to enterprise involving serious harm/death, or tacit understanding harm would be inflicted if necessary. |
Discussed as part of later development/uncertainty about Chan Wing-Siu’s true meaning. |
| R v Wakely [1990] Crim LR 119 |
Statement that mere foresight of real possibility of violence was not “academically” sufficient. |
Discussed as later corrected/criticised in subsequent authority said to follow Chan Wing-Siu. |
| R v Hyde [1991] 1 QB 134 |
Accepted that foresight of possibility of intentional killing/GBH could suffice under the then-understood doctrine; endorsed the “foresight suffices” reading. |
Treated as part of the flawed line derived from Chan Wing-Siu. |
| Hui Chi-Ming v The Queen [1992] 1 AC 34 |
Privy Council affirmation of Hyde, endorsing that continuing participation with realisation the principal may kill/inflict serious injury sufficed for murder liability. |
Treated as part of the doctrine now corrected. |
| R v Moloney [1985] AC 905 |
Mens rea principles for murder as to the principal offender. |
Noted as having been distinguished in Powell and English (as applying to principals), highlighting the accessory/principal mens rea anomaly. |
| R v Hancock [1986] AC 455 |
Mens rea principles for murder as to the principal offender. |
Noted as having been distinguished in Powell and English, again illustrating the anomaly. |
| R v Rahman [2008] UKHL 45; [2009] 1 AC 129 |
Later application of the doctrine; cited for the point that the rule makes guilty those who foresee crime B but never intended it (para 63 cited). |
Used to support criticism that foresight should be evidence, not a conclusive legal yardstick. |
| R v Mendez [2011] QB 876 |
Comment that ordinary principles of secondary liability should apply; part of later “fundamental departure” jurisprudence. |
Preferred as supporting the view that no separate “parasitic” doctrine was needed. |
| McAuliffe v The Queen (1995) 183 CLR 108 |
Australian adoption of Chan Wing-Siu. |
Noted in comparative discussion; the court stated it differed from the Australian approach. |
| Gillard v The Queen (2003) 219 CLR 1 |
Australian continuation of the extended common purpose approach. |
Noted in comparative discussion. |
| Clayton v The Queen (2006) 231 ALR 500 |
Australian articulation of “extended common purpose liability” as distinct from aiding/abetting; noted dissent criticising mens rea disparity. |
Discussed to reject the need for a separate form of liability distinct from ordinary secondary liability principles. |
| R v A [2011] QB 841 |
“Joint enterprise” is not a term of art and is used in varying situations covering principals and accessories. |
Used to caution against public misunderstanding and to emphasise that guilt by mere association/presence is not part of the common law. |
| R v Church [1965] 1 QB 59 |
Objective test for unlawful act manslaughter: unlawful act carrying risk of some harm, resulting in death. |
Used in restating manslaughter principles applicable to participants, including secondary participants. |
| Director of Public Prosecutions v Newbury [1977] AC 500 |
Approval of Church objective test. |
Used to reinforce the objective test for unlawful act manslaughter. |
| R v F (J) & E (N) [2015] EWCA Crim 351; [2015] 2 Cr App R 5 |
Recent reaffirmation of the Church/Newbury test. |
Used to confirm continuing validity of the objective unlawful act manslaughter approach. |
| Ramsden [1972] Crim LR 547 |
Change/clarification in law does not generally justify reopening old convictions out of time; concerns about alarming consequences. |
Used to explain limits on collateral impact of correcting the law on past convictions. |
| Gosney (1971) 55 Cr App R 502 |
Held fault was a necessary ingredient of an offence (referenced in context of past-conviction reopening). |
Used only as context for Ramsden in discussing retrospective challenges. |
| Mitchell (1977) 65 Cr App R 185 |
Restated that correcting misconceptions about law does not afford grounds to extend time to appeal. |
Used as an authoritative statement of the approach to late appeals after legal correction. |
| Hawkins [1997] 1 Cr App R 234 |
More recent statement of the same rule on late appeals. |
Used to show consistent application of limits on reopening past convictions. |
| Cottrell and Fletcher [2007] EWCA Crim 2016; [2007] 1 WLR 3262 |
Same principles govern decisions on late appeals and referrals by the review commission; referenced with particular reliance on a paragraph noted in the judgment. |
Used to confirm the framework governing reopening of convictions following a change/correction in law. |
| R v R [2006] EWCA Crim 1974; [2007] 1 Cr App R 150 |
Case reviewing authorities relevant to late appeals after legal developments. |
Used as part of the summary of the established approach to past convictions. |