R v Chan Wing-Siu [1985] AC 168

Facts

  • Three men, including Chan Wing-Siu, committed a robbery in Hong Kong, entering a home to steal.
  • During the robbery, one of the attackers killed a victim.
  • Chan Wing-Siu and another accomplice were charged with murder.
  • The issue arose as to whether knowledge that a co-accused might commit murder during the robbery was sufficient to convict other participants as secondary parties.

Issues

  1. Whether foresight that a principal offender might commit murder during the joint enterprise was sufficient to convict secondary parties of murder.
  2. Whether secondary liability required intent to assist or encourage the specific crime, or whether awareness that such a crime might be committed sufficed.
  3. How the distinction between foresight and intention affected the mental element required for secondary liability in joint enterprise.

Decision

  • The Privy Council held that awareness of the possibility that the principal offender might commit murder was sufficient to convict secondary parties of murder.
  • The court ruled that if secondary participants foresaw the risk of a more serious offense and proceeded, they accepted responsibility and could be held liable for that offense.
  • This set a new standard, moving from requiring shared intent to accepting foresight of possible outcomes as sufficient for secondary liability.

Legal Principles

  • Established that foresight of a potential crime by the principal offender, rather than intention, was enough to establish secondary liability in joint enterprise.
  • Distinguished between intention (aiming for a result) and foresight (understanding a result might occur) for secondary liability.
  • This principle formed the basis for joint enterprise liability in subsequent cases, such as R v Powell; R v English [1999] 1 AC 1.
  • The approach was later re-evaluated and rejected by the Supreme Court in R v Jogee; Ruddock v The Queen [2016] UKSC 8, which held that foresight is only evidence of intent but not sufficient by itself for liability.

Conclusion

R v Chan Wing-Siu marked an important development in joint enterprise liability by making foresight of potential crimes sufficient for secondary liability, though this approach was later overturned in R v Jogee. The case remains significant for its influence on the legal understanding and debate surrounding joint enterprise and secondary liability in criminal law.

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