Common Purpose - Repentance

Repentance

One person who has been an active member of the common purpose may escape liability by withdrawing before the other(s) go on to commit the crime. Mere repentance without any action, however, leaves the party liable. To be effective, the withdrawing party must actively seek to prevent the others from relying on what has been done. In R v Becerra (1975) 62 Crim. App. R. 212 it was held that any communication of withdrawal by the secondary party to the perpetrator must be such as to serve "unequivocal notice" upon the other party to the common purpose that, if he proceeds upon it, he does so without the further aid and assistance of the withdrawing party. According to Smith and Hogan, Criminal Law:

• If an accomplice only advised or encouraged the principal to commit the crime, he must at least communicate his withdrawal to the other parties.
• Where an accomplice has supplied the principal with the means of committing the crime, the accomplice must arguably neutralise, or at least take all reasonable steps to neutralise, the aid he has given.
• In more serious cases, it may be that the only effective withdrawal is either physical intervention or calling in the police.

In R v Rook (1997) Cr. App. R. 327 the court held that, as in the case of joint enterprise where both parties are present at the scene of the crime, it is not necessary for the prosecution to show that a secondary party who lends assistance or encouragement before the commission of the crime intended the victim to be killed, or to suffer serious injury, provided it was proved that he foresaw the event as a real or substantial risk and nonetheless lent his assistance. Rook was convicted as one of a gang of three men who met and agreed the details of a contract killing to kill the wife of a fourth man on the next day. Rook did not turn up next day and the killing was done by his two fellows. His defence was that he never intended the victim to be killed and believed that, if he failed to appear, the others would not go through with the plan. Lloyd LJ. described the evidence against him in this way:

So the position, on his own evidence, was that he took a leading part in the planning of the murder. He foresaw that the murder would, or at least might, take place. For a time he stalled the others. But he did nothing to stop them, and apart from his absence on the Thursday, he did nothing to indicate to them that he had changed his mind.

This did not amount to an unequivocal communication of his withdrawal from the scheme contemplated at the time he gave his assistance.