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R v Baker [1994] Crim LR 444 (CA) Facts: A man with the same name as the deceased had earlier been robbed in his own home and there was evidence that the deceased had paid the robbers to commit the offence. He was called out one night and killed with two knives belonging to the appellant. Witnesses said that the appellant had said that he had done the killing. At trial, a co-defendant gave evidence in his own defence which implicated the appellant. He said that on the night of the killing, the appellant said he wanted to see Sam, which was the nickname of the deceased, because, he said, the appellant had been a party to the robbery. They went to waste ground where he expected the appellant to have a word with Sam but instead he attacked him and went mad, stabbing him repeatedly. Death was caused by 48 stab wounds, each of which was fatal. The appellant’s evidence was that he knew that his co-defendant was a violent man who had kicked and punched him previously and threatened to finish him off. He and others had told him that Sam was going to the police about the robbery and wanted him to go with them to see Sam. He went out of fear, and they took his knives. Once on the open ground, the co-defendant handed the appellant a knife and told him to kill Sam. He then went berserk and was waving the other knife at the appellant, who was petrified. The appellant swung the knife which penetrated Sam somewhere near the shoulder or the throat, Sam staggered back and the co-defendant went on screaming for the appellant to kill Sam and so he swung the knife twice more. He did not know where it went in. The appellant then passed the knife back to the co-defendant and said ‘I’m not doing it’. He did not touch Sam again but moved a short distance away and turned his back. He then heard more thuds caused by the others continuing to stab Sam. He then saw him on the ground. The defence was that insofar as he was involved in any joint enterprise, it was a joint enterprise to do serious harm to Sam but not to kill him, and he did it under duress. It could not be proven that any of the three stab wounds he had inflicted would have killed Sam or that they did kill him. That he passed over the knife and thereafter disassociated himself from what the others did meant that the joint enterprise had come to an end. The witnesses were tainted by their close relationship with the co-defendant. Held: It would be considered how far in practice a direction to the jury to consider a s 18 count would have benefited or might have benefited the appellant. The defence would have relied on duress by the co-defendant but if that had succeeded there would have been a complete acquittal. The risk that the jury might be unwilling to acquit him completely and should therefore have been allowed to consider convicting on a lesser charge presupposed that they would convict him after satisfying themselves that he did not act under duress. In that situation, according to his story, the appellant was told by the co-defendant to kill Sam and stabbed him three times before turning away and saying that he wasn’t doing it. He then stayed there until Sam was on the ground dead or dying, whereupon he left with the other two. If that account
DOI link for R v Baker [1994] Crim LR 444 (CA) Facts: A man with the same name as the deceased had earlier been robbed in his own home and there was evidence that the deceased had paid the robbers to commit the offence. He was called out one night and killed with two knives belonging to the appellant. Witnesses said that the appellant had said that he had done the killing. At trial, a co-defendant gave evidence in his own defence which implicated the appellant. He said that on the night of the killing, the appellant said he wanted to see Sam, which was the nickname of the deceased, because, he said, the appellant had been a party to the robbery. They went to waste ground where he expected the appellant to have a word with Sam but instead he attacked him and went mad, stabbing him repeatedly. Death was caused by 48 stab wounds, each of which was fatal. The appellant’s evidence was that he knew that his co-defendant was a violent man who had kicked and punched him previously and threatened to finish him off. He and others had told him that Sam was going to the police about the robbery and wanted him to go with them to see Sam. He went out of fear, and they took his knives. Once on the open ground, the co-defendant handed the appellant a knife and told him to kill Sam. He then went berserk and was waving the other knife at the appellant, who was petrified. The appellant swung the knife which penetrated Sam somewhere near the shoulder or the throat, Sam staggered back and the co-defendant went on screaming for the appellant to kill Sam and so he swung the knife twice more. He did not know where it went in. The appellant then passed the knife back to the co-defendant and said ‘I’m not doing it’. He did not touch Sam again but moved a short distance away and turned his back. He then heard more thuds caused by the others continuing to stab Sam. He then saw him on the ground. The defence was that insofar as he was involved in any joint enterprise, it was a joint enterprise to do serious harm to Sam but not to kill him, and he did it under duress. It could not be proven that any of the three stab wounds he had inflicted would have killed Sam or that they did kill him. That he passed over the knife and thereafter disassociated himself from what the others did meant that the joint enterprise had come to an end. The witnesses were tainted by their close relationship with the co-defendant. Held: It would be considered how far in practice a direction to the jury to consider a s 18 count would have benefited or might have benefited the appellant. The defence would have relied on duress by the co-defendant but if that had succeeded there would have been a complete acquittal. The risk that the jury might be unwilling to acquit him completely and should therefore have been allowed to consider convicting on a lesser charge presupposed that they would convict him after satisfying themselves that he did not act under duress. In that situation, according to his story, the appellant was told by the co-defendant to kill Sam and stabbed him three times before turning away and saying that he wasn’t doing it. He then stayed there until Sam was on the ground dead or dying, whereupon he left with the other two. If that account
R v Baker [1994] Crim LR 444 (CA) Facts: A man with the same name as the deceased had earlier been robbed in his own home and there was evidence that the deceased had paid the robbers to commit the offence. He was called out one night and killed with two knives belonging to the appellant. Witnesses said that the appellant had said that he had done the killing. At trial, a co-defendant gave evidence in his own defence which implicated the appellant. He said that on the night of the killing, the appellant said he wanted to see Sam, which was the nickname of the deceased, because, he said, the appellant had been a party to the robbery. They went to waste ground where he expected the appellant to have a word with Sam but instead he attacked him and went mad, stabbing him repeatedly. Death was caused by 48 stab wounds, each of which was fatal. The appellant’s evidence was that he knew that his co-defendant was a violent man who had kicked and punched him previously and threatened to finish him off. He and others had told him that Sam was going to the police about the robbery and wanted him to go with them to see Sam. He went out of fear, and they took his knives. Once on the open ground, the co-defendant handed the appellant a knife and told him to kill Sam. He then went berserk and was waving the other knife at the appellant, who was petrified. The appellant swung the knife which penetrated Sam somewhere near the shoulder or the throat, Sam staggered back and the co-defendant went on screaming for the appellant to kill Sam and so he swung the knife twice more. He did not know where it went in. The appellant then passed the knife back to the co-defendant and said ‘I’m not doing it’. He did not touch Sam again but moved a short distance away and turned his back. He then heard more thuds caused by the others continuing to stab Sam. He then saw him on the ground. The defence was that insofar as he was involved in any joint enterprise, it was a joint enterprise to do serious harm to Sam but not to kill him, and he did it under duress. It could not be proven that any of the three stab wounds he had inflicted would have killed Sam or that they did kill him. That he passed over the knife and thereafter disassociated himself from what the others did meant that the joint enterprise had come to an end. The witnesses were tainted by their close relationship with the co-defendant. Held: It would be considered how far in practice a direction to the jury to consider a s 18 count would have benefited or might have benefited the appellant. The defence would have relied on duress by the co-defendant but if that had succeeded there would have been a complete acquittal. The risk that the jury might be unwilling to acquit him completely and should therefore have been allowed to consider convicting on a lesser charge presupposed that they would convict him after satisfying themselves that he did not act under duress. In that situation, according to his story, the appellant was told by the co-defendant to kill Sam and stabbed him three times before turning away and saying that he wasn’t doing it. He then stayed there until Sam was on the ground dead or dying, whereupon he left with the other two. If that account
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