Regina v Richards, [1974] 1 Q.B. 776, was an English case decided by the Queen's Bench that held that an accomplice to an assault cannot be convicted of a more serious offense than the principal even if the accomplice had the mens rea necessary for the more serious offense.
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Factual background
Defendant Richards hired Bryant and Squires to beat up her husband severely enough to put him in the hospital for a month. When the defendant's husband was leaving work, Richards gave a signal to Bryant and Squires, who assaulted the victim in an alley. The injuries were not as serious as anticipated and the victim did not require hospitalization.
Trial court
Richards, Bryant, and Squires were all charged with violations of the Offences Against the Person Act, 1861. Section 18 of the act requires intent to cause grievous bodily harm, and violation of Section 18 is a felony. Section 20 does not require such intent, and violation of it is a misdemeanor. Bryant and Squires were convicted of the misdemeanor under Section 20, and Richards was convicted of the felony under Section 18. Richards appealed her conviction.
Decision
The Queen's Bench quashed Richards' conviction on the basis that she could not be held criminally liable for a more serious offense when the more serious offense did not in fact occur.