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R v Powell [1997]


  • A drug dealer was murdered by one of three people; the defendant was one of these people
  • The Crown could not prove who fired the gun which caused the death


  • Was the defendant guilty of murder?


  • Yes


  • As a (possible) secondary party, the defendant need only have foreseen that the primary party might cause GBH or the death of the victim
  • This is a lesser mens rea requirement, but is still capable of satisfying a conviction for murder
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