Source: All England Reporter
Publisher Citation: [2016] All ER (D) 117 (May)
Neutral Citation: [2016] EWCA Crim 551
Court: Court of Appeal, Criminal Division

Sir Brian Leveson P, Saunders and Blake JJ

Representation Melanie Simpson for the first defendant.
  Paul Jarvis for the second defendant.
  Giles Cockings QC and Lisa Wilson the third defendant.
  Brian Kennedy for the fourth defendant.
  Simon Pentol for the fifth defendant.
  Rag Chand for the sixth defendant.
  Catherine Farrelly and Senghin Kong (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 4 May 2016


Criminal law - Conspiracy - No case to answer - Joint enterprise - Six defendants being on trial for conspiracy to rob, attempted murder and possession of firearm with intent - Judge concluding no case to answer in relation to attempted murder and possession of firearm with intent - Prosecution appealing against terminating rulings - Whether judge erring in law - , . R v Jogee .

The Case

Criminal law Conspiracy. The Court of Appeal, Criminal Division, held that, in deciding whether there was a case to answer against all the defendants in a conspiracy, it had been unnecessary for the judge to have been able to ascribe a particular role or responsibility to each defendant. Accordingly, the judge's decision of no case to answer, in respect of attempted murder and possession of a firearm with intent, would be reversed and the proceedings in the Crown Court would be resumed.

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