Source: All England Reporter
Publisher Citation: [2008] All ER (D) 343 (Jun)
Neutral Citation: [2008] EWCA Crim 1342
Court: Court of Appeal, Criminal Division
Judge:

Moses LJ, Openshaw J and Judge Roberts QC

Representation Jerome Lynch QC and Alexander Taylor-Camara (assigned by the Registrar of Criminal Appeals) for the first defendant.
  Malcolm Bishop and Ranjit Lallie (assigned by the Registrar of Criminal Appeals) for the second defendant.
  Alistair Webster QC and Osama Daneshyar (assigned by the Registrar of Criminal Appeals) for the third defendant.
  Michael Topolski QC and Martin Huseyin (assigned by the Registrar of Criminal Appeals) for the fourth defendant.
  Anesta Weekes QC and Mark Jackson (assigned by the Registrar of Criminal Appeals) for the fifth defendant.
  Peter Wilcock (assigned by the Registrar of Criminal Appeals) for the sixth defendant.
  Anthony Barker QC and Andrew Lockhart (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 25 June 2008

Catchwords

Criminal law - Trial - Murder - Whether evidence sufficient to found convictions - Judge failing to give Lucas direction - Whether judge erring - Whether Code of Practice applying to recognition by police officers when viewing CCTV footage - Code of Practice for the Identification of Persons by Police Officers, para D28, Annex E, para D11.

The Case

Criminal law Trial. The appeals against conviction of six defendants who were convicted of murder and attempted murder outside a Birmingham nightclub would be dismissed. In the instant case, there had been ample evidence that the group was to the knowledge of each person which had joined it, an armed gang ready and willing to shoot to kill during any confrontation which might have arisen. The jury had been entitled to found their conclusion of guilt on the basis advanced by the prosecution that the defendants had assisted or encouraged the gunman to commit an offence other than murder and, while so doing, had known that there was a real possibility that the killer might commit murder.

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