Common purpose, Common purpose - Deliberate departure, Common purpose - Explanation, Common purpose - Repentance, Common purpose - When the outcome is death
ARTICLES RELATED TO Common purpose - When the outcome is death
In criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project with a common purpose that results in the commission of a crime. In this situation the participants are jointly liable for all that results from the acts and omissions occurring within the scope of their agreement. For example, the High Court of Australia in McAuliffe v The Queen 69 ALJR 621, states at 624 that "...each of the parties to an arrangement or understan ...
In English law, the doctrine derives from R v Swindall v Osborne (1846) 2 Car. & K. 230 where two cart drivers engaged in a race. One of them ran down and killed a pedestrian. It was not known which one had driven the fatal cart, but since both were equally encouraging the other in the race, it was irrelevant which of them had actually struck the man, and they were held jointly liable. Thus, the parties must share a common purpose and make it clear to each other by their actions that they are acting on their common intention so th ...
