LEGAL PRINCIPLE: CRIMINAL LAW – Common Intention – Liability under Sections 7, 8 and 9 of Criminal Code
PRINCIPLE STATEMENT
Where accused persons are procured to commit acts and counseled on how to carry them out, and they act in concert in that regard, they are liable under the common intention provisions of Sections 7, 8 and 9 of the Criminal Code for acts done in furtherance of their common purpose.
RATIO DECIDENDI (SOURCE)
"The 2nd and 3rd accused persons were procured by the 1st accused from their respective houses that night. On reaching the house of the 1st accused, she told them to treat the deceased as a thief is treated. In the context of what followed by a prolonged assault on the deceased in the presence of the 1st accused by whipping and/or hitting, that would appear to mean that the 2nd and 3rd accused were counselled by her to severely beat up the deceased. The 2nd and 3rd accused acted in concert in that regard."
EXPLANATION / SCOPE
Sections 7-9 Criminal Code establish common intention liability. When multiple persons act together pursuant to a common criminal purpose, each is liable for acts done in furtherance of that purpose. Elements: (1) Common intention—shared purpose to commit offense; (2) Counseling/procurement—one person directs or encourages others; (3) Acting in concert—coordinated action; (4) Acts in furtherance—the criminal acts flow from the common purpose. Here, the first accused procured and counseled (telling others to “treat as a thief is treated”), and all acted in concert (prolonged assault together). Each is liable for the resulting death even if they didn’t intend death, because it flowed from their common purpose of assault. This doctrine holds all participants accountable for foreseeable consequences of their joint criminal enterprise