Regina v Kenning

Procedural History:

• Fenwick pleaded guilty to possession of a firearm without a certificate on the second indictment.
• All three appellants were tried on the first indictment, with Fenwick and Blackshaw convicted on count 2, and Kenning acquitted.
• Appellants appealed against their convictions and were granted leave by the full court.
• Kenning and Fenwick were granted bail.
• Police searched the premises and homes of the appellants.

Facts:

• The appellants were charged with conspiracy to aid and abet the production of cannabis.
• The trial judge ruled that there was a case to answer regarding aiding and abetting the production of cannabis.
• The appellants argued that there was no case to answer, citing the Court of Appeal's decision in Hollinshead.
• The judge directed the jury that aiding, abetting, counselling, or procuring the commission of an offence could be made out even if the offence was not actually committed.
• The Court concluded that an agreement to aid and abet an offence does not constitute a criminal conspiracy.
• The convictions of all three appellants on count 1 and of Fenwick and Blackshaw on count 2 were quashed.

Issue:

Whether an agreement to aid and abet an offence can constitute a criminal conspiracy under section 1(1) of the Criminal Law Act 1977.

Holding:

The Court held that an agreement to aid and abet an offence is not in law capable of constituting a criminal conspiracy under the Act.

Rationale:

• The Court found that the agreement to aid and abet an offence does not necessarily amount to the commission of an offence.
• The Court endorsed the conclusion that an agreement to aid and abet an offence is not capable of constituting a criminal conspiracy.

Disposition:

The convictions of all three appellants on count 1 and of Fenwick and Blackshaw on count 2 were quashed.

Additional Information:

• Fenwick admitted to growing cannabis for personal use.
• No evidence was presented to show that Fenwick intended to supply drugs.
• Fenwick faced a total of fifteen months' imprisonment on the remaining counts and was not eligible for immediate release.

Legal Principles:

• It is an offence to aid and abet the production of cannabis.
• An agreement to aid and abet an offence does not constitute a criminal conspiracy.
• The Criminal Attempts Act 1981 clarifies that attempting to aid, abet, counsel, or procure the commission of an offence is not an offence.

References:

• Criminal Law Act 1977
• Criminal Attempts Act 1981
• Section 4 of the Criminal Appeal Act 1968