Source: All England Reporter
Publisher Citation: [2003] All ER (D) 313 (May)
Neutral Citation: [2003] EWCA Crim 1501
Court: Court of Appeal, Criminal Division

Rix LJ, Mitchell J and Sir Ian Kennedy

Representation Tim Holroyde QC (assigned by the Registrar of Criminal Appeals) for the defendant.
  Howard Bentham QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 22 May 2003


Criminal evidence and procedure - Trial - Summing up - Direction to jury - Joint enterprise - Judge refusing to give direction that jury had to make unanimous decision on factual basis of conviction - Safety of conviction.

The Case

The defendant's conviction for an offence of manslaughter was safe because the judge had not erred in failing to direct the jury that they had to make a unanimous decision on the factual basis of the defendant's guilt in order to convict him in the circumstances.

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