''R v Betts and Ridley'' (1930) 22
Cr App R 148 is a 1930 landmark case in
English criminal law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, i ...
that established and confirmed that to be convicted of a crime under the doctrine of
common purpose, it was not necessary for the
accessory to be present "actually" (at the exact moment or within sight) when the offence was carried out.
Facts
Victor Betts and Herbert Ridley agreed to rob a man, William Thomas Andrews, as he was on his way to the bank. Their plan was that Betts would take the man to the ground and snatch his bag. Meanwhile, Ridley would be waiting around the corner in a getaway car, which he had used to help Betts reach the scene.
Betts struck Andrews with such force with proven intent to cause serious bodily harm, that he died. Ridley was charged with aiding and abetting murder and of being an accessory before the act, which, if proven, carried the same default sentence.
Judgment
The law was considered by the trial judge who gave appropriate
jury instructions
Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial.
Description
Jury instructions are the set of lega ...
. One was convicted of murder, the other of aiding and abetting the murder and, in the alternative, of being an accessory before the act with intention to remain an accessory, after the fact.
The appeal to the Court of Appeal by both men was dismissed.
Sentencing
Both were sentenced to death. However, the Home Secretary advised the King to commute the death sentence in the case of Ridley to life imprisonment. Betts was subsequently hanged.
Execution of Betts
Despite a petition with 12,000 signatures, Betts was hanged at
Birmingham Prison on 3 January 1931 by
Thomas Pierrepoint. A crowd of several hundred people gathered as a nearby factory sounded its whistle to mark the fateful hour.
Commutation of Ridley
However, the Home Secretary was informed of the case through the prosecution who advised the King to
commute the sentence of Ridley to prison for life.
See also
*
Accessories and Abettors Act 1861
The Accessories and Abettors Act 1861 (24 & 25 Vict. c.94) is a mainly repealed Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated statutory English criminal law related to accomplices, including many ...
*
Homicide Act 1957
The Homicide Act 1957 (5 & 6 Eliz.2 c.11) is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limi ...
*
Derek Bentley
References
*
Notes
External links
* at Murderfile.net
{{UK law
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1930 in case law
1930 in British law
1930s in Birmingham, West Midlands
Murder in the West Midlands (county)
1930 in England
1930 murders in the United Kingdom