Turay v R

Facts

A young child was killed in a ritual killing. Some accused were present at the scene but did not strike the fatal blows.

Issue

Were those present liable as principals in the second degree?

Held

Yes. Their presence, with consent and a common purpose, encouraged the killer.

Principle

Presence alone is not aiding and abetting, but presence plus encouragement or shared purpose is (R v Coney; Wilcox v Jeffery).

Why it matters

Explains when bystanders become parties.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.