In an landmark ruling which could alter how the local courts hand down sentences in murder cases, the UK based Privy Council has ruled that persons who encourage someone to commit a murder must be given a lesser sentence.
The Privy Council on Thursday unanimously concluded that the verdicts in two cases where the appellants were given murder convictions, were incorrect and the appeals should be allowed.
The cases, one in the UK and another in Jamaica, involved persons who were present during the murders but did not actually take part in the act.
The Privy Council says the observer must get a lesser sentence.
In citing their reasons for the judgement, the Law Lords said a person who did not himself forge the document, fire the gun or stab the victim is not the principal.
However, they said there is no doubt that the person, said to have encouraged or assisted the principal to do so, is also guilty of a crime.
In the Jamaican case the appellant, Ruddock, was convicted in the Circuit Court of the murder of Peter Robinson.
However the appellant’s co -defendant, Hudson, pleaded guilty to the murder.
Robinson was a taxi driver who was murdered during the course of Ruddock and Hudson robbing him of his station wagon.
The appellant made a statement that he was involved in committing the robbery and that he was present when Hudson killed the victim but denied that he was responsible for the killing.
The judge directed the jury that Ruddock was guilty of murder if he took part in the robbery and knew that there was a possibility that Hudson might intend to kill the victim.
However the Privy Council found that the legal issue in the case concerned the mental element of intent which must be proved when a defendant is accused of being a secondary party to a crime.
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