Ruddock (Appellant) v The Queen (Respondent) (Jamaica)

Ruddock (Appellant) v The Queen (Respondent) (Jamaica)

The doctrine of parasitic accessory liability, which holds that foresight of the possibility that the principal might commit a further offence is sufficient for secondary liability, is a wrong turn in the law. The correct approach is that intention to assist or encourage the commission of the offence is required for...

Source-derived case information.

Citation
[2016] UKPC 7
Parties
Appellant: Jogee; Appellant: Ruddock; Respondent: The Queen; Intervener: Just for Kids Law; Intervener: Joint Enterprise Not Guilty by Association
Jurisdiction
United Kingdom
Judgment Date
18 February 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction
Outcome
Appeals allowed; convictions quashed; directions for further submissions on disposal (retrial or substitution of manslaughter)
Legal Topics
Secondary Liability, Joint Enterprise, Parasitic Accessory Liability, Murder, Manslaughter, Mens Rea, Appeals
Criminal Law Secondary Liability Joint Enterprise Parasitic Accessory Liability Murder Manslaughter Mens Rea Appeals

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Summary, issues, holding and outcome

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Parties

Jogee

Appellant

Ruddock

Appellant

The Queen

Respondent

Just for Kids Law

Intervener

Joint Enterprise Not Guilty by Association

Intervener

Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction

Legal Issues

  1. 1 Whether the doctrine of parasitic accessory liability as established in Chan Wing-Siu and Powell & English is correct law
  2. 2 Whether foresight of the possibility of the principal committing a further offence is sufficient for secondary liability for murder
  3. 3 Whether the law should be restated to require intention to assist or encourage the principal's offence

Ratio Decidendi

The doctrine of parasitic accessory liability, which holds that foresight of the possibility that the principal might commit a further offence is sufficient for secondary liability, is a wrong turn in the law. The correct approach is that intention to assist or encourage the commission of the offence is required for secondary liability. Foresight is evidence of intent but not a substitute for it.

Court Disposition

Appeals allowed; convictions quashed; directions for further submissions on disposal (retrial or substitution of manslaughter)

Orders

  • Conviction for murder quashed in Jogee; parties to submit on retrial or substitution for manslaughter
  • Conviction for murder quashed in Ruddock; parties to submit on disposal