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R v Anderson [1986] AC 27

ResourcesR v Anderson [1986] AC 27

Facts

  • Anderson was accused of providing a hacksaw blade to another prisoner, allegedly knowing it might be used to facilitate an escape.
  • Anderson argued he did not intend or agree that the escape should occur, claiming he supplied the blade for reasons unrelated to any escape plan.
  • The central question in the case was whether Anderson had agreed to participate in the escape or merely had knowledge of a possible escape plan.
  • The House of Lords considered whether Anderson's awareness of the potential use of the blade amounted to criminal liability for assisting in the prison escape.

Issues

  1. Whether joint enterprise liability requires proof of a mutual agreement to commit the specific offense, as opposed to mere foresight that another party might commit that offense.
  2. Whether Anderson's knowledge or awareness of a possible escape was sufficient for criminal liability without evidence of actual agreement to the escape plan.

Decision

  • The House of Lords ruled that mere awareness or foresight that another party might commit an offense is insufficient for liability under joint enterprise.
  • Anderson's conviction could not stand without evidence of his agreement to participate in the escape plan.
  • The decision clarified that conviction requires proof of a common understanding or agreement to commit the specific criminal act in question.
  • Joint enterprise liability in criminal law requires a shared agreement or common plan among participants to commit a specific offense.
  • Foresight of an offense by a co-participant does not itself imply agreement; knowledge alone cannot establish joint enterprise liability.
  • Liability must rest on personal intent and mutual agreement rather than accidental knowledge or mere foresight.
  • The ruling restricts the scope of joint enterprise, preventing liability for individuals who did not intend or agree to the commission of the offense.

Conclusion

R v Anderson established that liability for joint enterprise demands proof of agreement rather than simply foreseeing or being aware of a co-defendant’s potential criminal actions. This distinction ensures that criminal responsibility is based on actual intent and shared plans, thereby safeguarding against unjust convictions based on mere awareness.

Assistant

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