Arthur Penningway

Proceedings of the High Court, 1814, volume 11

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The case before me is unusual in many respects. For one, while the defendants can be identified - in the sense that names for both can be given, and these can be verified in the appropriate records - neither will lay claim to only one of those names, nor admit to any particular act (though, for example, either will readily ascribe an act to either Arthur or Earnest). For those crimes before me which were joint acts of both twins, this is simple - both the persons can be charged with at least conspiracy to perform the act (or, where joint enterprise applies, with the act itself). For those (relatively few) crimes where there appears to be only a single perpetrator, without the assistance of the other, I was regretfully required to instruct the jury to render a not guilty verdict, as it cannot be proved beyond reasonable doubt whether a particular one of the defendants performed the act.

On the 15 counts of fraud […]

On the count of grievous bodily harm against Charles Crawford, the jury returned a guilty verdict. The facts of this matter were as follows:

Clearly a common plan existed here, and neither denies an intent to wound Lord Crawford, so joint enterprise applies here.

A sentencing hearing is scheduled 1 week from the date of this order.

– Written by Mike C.

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With OC apologies to those that know criminal law for my lack of research on any of this