R v Clarkson

Mere presence at the scene of a crime is not enough for accessorial liability; the defendant must intend to encourage, and actually encourage, the principal.

Citation
[1971] 1 WLR 1402
Court
Courts-Martial Appeal Court
Year
1971
Subject
Criminal Law
Topic
Inchoate offences and accessorial liability

Facts

Two soldiers, Clarkson and Carroll, heard noises coming from a room in their barracks and went in. They found other soldiers raping a young woman. They stayed in the room and watched, but did not take part or say or do anything. They were convicted by a court martial of aiding and abetting rape.

Legal principle

The Courts-Martial Appeal Court quashed the convictions. Megaw LJ said that non-accidental presence at the scene of a crime is not, by itself, sufficient to make a person guilty of aiding and abetting it. It must be proved that the defendant intended to encourage the principal offender, and that the principal was in fact encouraged by his presence. The court martial had not been properly directed on these requirements, and the convictions were unsafe.

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