R v Gilmour [2000]
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R v Gilmour [2000] 2 Cr App R 407 is an English criminal case highlighting that if a person assisting in a crime (an accessory) is unaware that the main perpetrator (principal) has intentions beyond what the accessory knew, the accessory is only liable for the lesser offence corresponding to what he thought the principal intended.
The facts of the case involved the defendant acting as a getaway driver for members of the Ulster Volunteer Force who threw a petrol bomb into a house, resulting in the death of three children and injuries to three adults. The defendant was convicted of murder and causing grievous bodily harm as an accessory. However, he appealed, arguing that he did not know the petrol bombs were intended to cause such harm.
The Court of Appeal allowed the appeal, substituting the murder conviction for manslaughter. It was determined that the defendant was not aware that the main perpetrators intended to cause grievous bodily harm. The court clarified that if the actions of the principal go beyond what the accessory foresaw, the accessory is not guilty of the principal's offence and is only liable for what he anticipated the principal to do.
The facts of the case involved the defendant acting as a getaway driver for members of the Ulster Volunteer Force who threw a petrol bomb into a house, resulting in the death of three children and injuries to three adults. The defendant was convicted of murder and causing grievous bodily harm as an accessory. However, he appealed, arguing that he did not know the petrol bombs were intended to cause such harm.
The Court of Appeal allowed the appeal, substituting the murder conviction for manslaughter. It was determined that the defendant was not aware that the main perpetrators intended to cause grievous bodily harm. The court clarified that if the actions of the principal go beyond what the accessory foresaw, the accessory is not guilty of the principal's offence and is only liable for what he anticipated the principal to do.
