Willett & Anor v R.

Willett & Anor v R.

The verdict of murder against Tommy Willett was unsafe because the jury was not properly directed that only deliberate and positive encouragement, such as joining in the threat to the victim, could establish accessory liability for murder; mere presence was insufficient.

Parties
1st Appellant: Mr Tommy Willett; 2nd Appellant: Mr Albert Major Willett; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
13 July 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Verdict of murder quashed; retrial contemplated; sentence for Albert Willett reduced.
Legal Topics
Joint Enterprise, Accessory Liability, Murder, Manslaughter, Sentencing
Criminal Law Joint Enterprise Accessory Liability Murder Manslaughter Sentencing

Case Brief

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Parties

Mr Tommy Willett

1st Appellant

Mr Albert Major Willett

2nd Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether there was sufficient evidence of Tommy Willett's participation in the murder as an accomplice
  2. 2 Whether mere presence in the vehicle amounted to encouragement
  3. 3 Whether the jury was properly directed on the requirements for accessory liability in murder

Ratio Decidendi

The verdict of murder against Tommy Willett was unsafe because the jury was not properly directed that only deliberate and positive encouragement, such as joining in the threat to the victim, could establish accessory liability for murder; mere presence was insufficient.

Court Disposition

Verdict of murder quashed; retrial contemplated; sentence for Albert Willett reduced.

Orders

  • Verdict of murder against Tommy Willett quashed.
  • Opportunity for Tommy Willett to make submissions against retrial within fourteen days.