Deliberate Departure
Where one of the participants deliberately departs from the common purpose by doing something that was not authorised or agreed upon, that participant alone is liable for the consequences. In the situation exemplified in Davies v DPP (1954) AC 378 a group comes together for a fight or to commit a crime and either the participant knows or does not know that one of their team has a weapon. If the person knows that there is a weapon, it is foreseeable that it might be used and the fact that the other participants do not instruct the one carrying to leave it behind, means that its use must be within the scope of their intention. But if the person does not know of the weapon, this is a deliberate departure from the common purpose and this breaks the enterprise.
Read more about this topic: Common Purpose
Famous quotes containing the words deliberate and/or departure:
“Compare the history of the novel to that of rock ‘n’ roll. Both started out a minority taste, became a mass taste, and then splintered into several subgenres. Both have been the typical cultural expressions of classes and epochs. Both started out aggressively fighting for their share of attention, novels attacking the drama, the tract, and the poem, rock attacking jazz and pop and rolling over classical music.”
—W. T. Lhamon, U.S. educator, critic. “Material Differences,” Deliberate Speed: The Origins of a Cultural Style in the American 1950s, Smithsonian (1990)
“There is all the difference in the world between departure from recognised rules by one who has learned to obey them, and neglect of them through want of training or want of skill or want of understanding. Before you can be eccentric you must know where the circle is.”
—Ellen Terry (1847–1928)