R v Grundy
Court of Appeal
Citations: [1977] Crim LR 543.
Facts
The defendant supplied a burglar with information about a building, including the owner’s routine. Afterwards, however, he tried to persuade and prevent the burglar from going through with the burglary. He was unsuccessful.
At trial, the defendant argued that he was not guilty of aiding and abetting the burglary, as he had withdrawn from the offence prior to its completion. The trial judge told the jury that they could not take this into account. The defendant appealed his conviction.
Issue(s)
- Was it open for the defendant to argue that he was not guilty because he had withdrawn from the offence?
Decision
The Court held that the defence of withdrawal should have been left to the jury to consider. The conviction was therefore unsafe.
This Case is Authority For…
If the offence has yet to be committed, the defendant can withdraw their participation merely by telling the others involved that he does not intend to participate.
