Source: All England Reporter
Publisher Citation: [2009] All ER (D) 19 (Feb)
Neutral Citation: [2009] EWCA Crim 50
Court: Court of Appeal, Criminal Division
Judge:

Scott Baker LJ, Bennet and Smith JJ

Representation Ian Glen QC and Mustapha Hakme (assigned by the Registrar of Criminal Appeals) for C.
  David Williams QC and Aisha Khan (assigned by the Registrar of Criminal Appeals) for H.
  Peter de Feu (assigned by the Registrar of Criminal Appeals) for Y.
  John McGuiness QC and Christopher Foulks (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 2 February 2009

Catchwords

Criminal law - Joint enterprise - Murder - Scope of joint enterprise - Causation - Whether death caused by injuries sustained after appellants withdrawing from joint enterprise - Whether actions of co-accused breaking chain of causation - Whether sentence of life imprisonment with minimum term of 15 years manifestly excessive.

The Case

Criminal law Joint enterprise. Court of Appeal, Criminal Division: Appeals against conviction for murder and manslaughter were dismissed in a case where the evidence did not enable it to be said with any precision exactly which blow during two assaults had caused the deceased's death. The judge had correctly summed up the issue of causation to the jury and the jury had been entitled to find that causation was made out from the evidence which was available. There had been no break in the chain of causation although there had been an interval between the assaults. Further, where the actions of a third appellant, convicted of murder, had been described as 'chilling and stark' a sentence of life imprisonment with a minimum term of 15 years was not manifestly excessive.

If you are a LexisLibrary subscriber you can read more about this case here.