||All England Reporter
|| All ER (D) 281 (May)
|| EWCA Crim 1111
||Court of Appeal, Criminal Division
Latham LJ, David Clarke and Macduff JJ
||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.
||21 May 2008
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 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.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports