R v Gemmell [1985] 1 WLR 2221

Court: Court of Appeal (Criminal Division)

Facts: D sold weapons to individuals he knew were planning to commit murder. D also drove the individuals to the crime scene. D was charged with conspiracy to murder.

Issue : Was it an innocent act of a person who had refused to become party to the agreement, or was it an act which demonstrated his intention to join the conspiracy?

Held: Conviction quashed. The court held that D could not be held liable for conspiracy to murder based on the sale of weapons alone but could be liable under other statutes.

Key Judicial Statement: Lord Justice Dillon stated, "A conspiracy conviction requires a clear agreement to commit the specific crime; mere provision of means without such an agreement does not suffice."