Criminal participation

Little CuChulainn

With all the talk of Murphy and his potential charges I was wondering about the issue of criminal participation. I remember back in my college days, the lecturer used the example of two guys attacking another. One guy does the hitting and the other keeps watch. Both are participants and have a common purpose.

But I also seem to recall him saying that the test was a subjective one based on the victim. If the victim was reasonable to assume the second person was complicit in the assault then he was a participant. This doesn't seem right though as it creates an obligation on the second person to intervene or separate themselves from the incident.

Anyone know what the test is in Ireland for participation in a crime?

Marcusm

This is a very hot topic in England & Wales where it is known as "joint enterprise". It's the most recent area of focus by human rights/miscarriage of justice lawyers like Gareth Peirce (B'ham 6, Guildford 4 etc).

PaulieBoy

Marcusm wrote: »

This is a very hot topic in England & Wales where it is known as "joint enterprise". It's the most recent area of focus by human rights/miscarriage of justice lawyers like Gareth Peirce (B'ham 6, Guildford 4 etc).

and a quick google on above area in English law will throw up a fair few scary cases. No idea of Irish position but hope we don't follow the English model, as we do in many areas of law.