Joint criminal liability

[dlIrpz]

If someone gets provoked through a breach of peace to hit someone else and hits them and they aren't extreme. They hit them in arms and push them over. That person leaves them and doesn't intend for any additional harm to be caused.

If someone else hits the same person. But they seriously injure the person.

And someone else watches but doesn't take part or encourage violence.

The first person to hit would be convicted for assault. The second person to hit would be convicted for GBH. Unless you can be convicted for being present and not calling an ambulance then I believe the bystander wouldn't be convicted.

Would the first person to hit be convicted for the second person's actions? Would the bystander be convicted for not calling an ambulance? Is some kind of agreement to do something that is illegal required for there to be any shared liability between the defendants?

[islandgirl]

The first person may claim self defence. No certainty of conviction of either party. Is this a student question by any chance or a real event?

[dlIrpz]

A curious question. I don't think just being provoked is classes as self defence but it might make them less liable if the said person was seriously injured or dead.

[islandgirl]

Don't see why it is a curious question. Is this a real event or not? Re self defence / provocation - have a look at our sentencing guidelines - provocation is certainly a mitigating factor and perhaps the victim attacked first during the breach of the peace - we know nothing of the circumstances

• Significant degree of provocation

https://www.sentencingcouncil.org.uk...rgency-worker/

Still need to know if this is real

[dlIrpz]

I meant the event isn't real. By provoked, I meant the person who was hit being told not to harress people and instead of stopping, shows threatening body language and facial expression. That may or may not be a mitigating factor but I'm mainly wondering how liable that first person is for the more serious actions of the second person. And how liable someone is if they saw it happen and didn't do anything.

[islandgirl]

Sorry I am a magistrate not a lawyer - a few here are though so hopefully stand by for advice!

[atticus]

Can I repeat an earlier question: are you a student asking this question for the purposes of coursework or similar?

[dlIrpz]

I am not a student. The purpose of why I'm asking is hard to explain. The event isn't real but I know someone with special needs and they can react to provocation in a way that could attracts the police's attention. No violence but if the provocation was bad enough, it could escalate.

[atticus]

As stated in my signature, I do not advise by private message.

Maybe now that you are beginning to explain what this is actually about, someone will feel able to make some observations.