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Accused acting as lookout, firing shots and sharing common purpose convicted of murder, aggravated robbery and attempted murder; death sentence imposed.
Criminal law – armed robbery with aggravating circumstances – liability of a person acting as lookout for lethal consequences under common purpose and dolus eventualis. Evidence – reliability of prior-knowledge eyewitness identification; corroboration by confession and ballistic/circumstantial evidence. Sentencing – assessment of mitigating factors (intoxication, minor role, poverty, low education) and refusal to treat dolus eventualis as mitigating. Leave to appeal – no reasonable prospect of different conclusion on mitigation.
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28 October 1983 |