| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 281 (May) |
| Neutral Citation: | [2008] EWCA Crim 1111 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Latham LJ, David Clarke and Macduff JJ |
| Representation | Timothy Roberts QC (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Nicholas Campbell QC and David Brooke (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 21 May 2008 |
Catchwords
Criminal law - Trial - Murder - Joint enterprise - Judge failing to leave alternative verdict before jury - Whether judge erring - Whether judge giving adequate direction on joint enterprise - Whether conviction unsafe.
The Case
The defendant's appeal against conviction of murder on the grounds that the judge had failed to adequately to direct the jury as the consequences of withdrawal from a joint enterprise, and that he had failed to leave to the jury the possibility of an alternative verdict of guilty of manslaughter, would be dismissed. In the instant case, whilst the judge's summing up had not been a complete statement of the legal position, it had been properly directed to the issue before the jury, namely whether or not there had been a joint enterprise. There had been no basis for leaving the alternative of manslaughter to the jury. Accordingly, the conviction was safe.
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