Secondary soliciting crime

Court of Appeal, Criminal Division
Published December 20, 2007
Regina v Winter
Before Lord Justice Gage, Mr Justice Underhill and Sir Christopher Holland
Judgment November 28, 2007

A person who solicited another to commit murder as a secondary, as opposed to principal party was none the less guilty of the offence of soliciting another to murder.

The Court of Appeal, Criminal Division, so held when dismissing an appeal by Malcolm Winter against his conviction on October 30, 2007 by the Plymouth Crown Court (Mr Justice Jack and a jury) for, inter alia, two offences of soliciting to murder, contrary to section 4 of the Offences against the Person Act 1861, as amended by section 1(10) of the Criminal Law Act 1977.

The prosecution alleged that