R v Walker

Court of Appeal

Citations: [1962] Crim LR 458.

Facts

The defendant was convicted of conspiracy to rob. In his police interview, the defendant had admitted discussing with the other men involved the idea of stealing a payroll. However, the defendant argued that he had pulled out of discussions before they finished. He appealed his conviction on the basis that he was not part of the conspiracy.

Issue(s)

1. Had the defendant pulled out before the offence of conspiracy was complete?

Decision

The Court of Appeal overturned the defendant’s conviction. The defendant had pulled out of discussions before any agreement was reached. There was therefore no conspiracy.

This Case is Authority For…

For a defendant to commit conspiracy, they must have reached an agreement to commit an offence. It is not enough that negotiations to potentially commit a crime have taken place.