| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 211 (Apr) |
| Neutral Citation: | [2010] EWCA Crim 926 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Leveson LJ, Treacy and Edwards-Stuart JJ |
| Representation | Tim Roberts QC and Robert Turton (instructed by Brown Beer Nixon Mallon) for the defendant. |
| Andrew Robertson QC and Sarah Mallett (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 29 April 2010 |
Catchwords
Criminal law - Trial - Case to answer - Murder - Defendant accused of joint enterprise attack on deceased - Defendant's case that he withdrew from assault before fatal blow - Inconsistencies in evidence - Whether judge in error in rejecting submission - Whether conviction unsafe.
The Case
Criminal law Trial. The Court of Appeal, Criminal Division, dismissed the appeal of the defendant against his conviction for murder as the judge's decision that there was a case to answer was not properly open to challenge on the evidence.
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