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:
“the slow passion
to that deliberate progress.”
—Thom Gunn (b. 1929)
“Nature seemed to have adorned herself for our departure with a profusion of fringes and curls, mingled with the bright tints of flowers, reflected in the water. But we missed the white water-lily, which is the queen of river flowers, its reign being over for this season.... Many of this species inhabit our Concord water.”
—Henry David Thoreau (1817–1862)