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:
“Several moralists have recommended it as an excellent method of becoming acquainted with our own hearts, and knowing our progress in virtue, to recollect our dreams in a morning, and examine them with the same rigour that we would our most serious and most deliberate actions.”
—David Hume (1711–1776)
“... no other railroad station in the world manages so mysteriously to cloak with compassion the anguish of departure and the dubious ecstasies of return and arrival. Any waiting room in the world is filled with all this, and I have sat in many of them and accepted it, and I know from deliberate acquaintance that the whole human experience is more bearable at the Gare de Lyon in Paris than anywhere else.”
—M.F.K. Fisher (1908–1992)