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CRIMINAL LAW

09 March 2007
Issue: 7263 / Categories: Case law , Law digest
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R v Rahman [2007] EWCA Crim 342, [2007] All ER (D) 309 (Feb)

The court gave guidance on joint enterprise in a murder case. Where P is the killer, who is guilty of murder; V is the victim; and D is a defendant other than P who has participated in the attack and realised that one of the attackers, with intent to cause V really serious bodily harm, might kill, or intended that such harm would be caused to V, or realised that one of the attackers might cause such harm to V intending to cause such harm:

(i) What was P’s act which caused the death of V?
(ii)  Did D realise/foresee that one of the attackers might do this act? If yes, guilty of murder. If no, go to question (iii).
(iii) What act or acts did D realise/foresee that one of the attackers might do to cause V really serious injury?
(iv) Is this act, or are these acts, which D did realise/foresee that one of the attackers might do, of a fundamentally different nature to P’s act which caused the death of V? If yes, not

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