A & Ors (Joint Enterprise) v R.

A & Ors (Joint Enterprise) v R.

The jury direction was erroneous in omitting the requirement that the secondary party must foresee that the principal may intentionally inflict grievous bodily harm, and in failing to require the jury to first determine that murder was committed by at least one assailant; these omissions rendered the convictions unsafe.

Parties
Appellant: A; Appellant: B; Appellant: C; Appellant: D; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
convictions quashed
Legal Topics
Joint Enterprise, Murder, Manslaughter, Secondary Liability
Criminal Law Joint Enterprise Murder Manslaughter Secondary Liability

Case Brief

Summary, issues, holding and outcome

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Parties

A

Appellant

B

Appellant

C

Appellant

D

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the jury direction on joint enterprise liability for murder was defective for omitting reference to intent.
  2. 2 Whether the jury was properly directed to first determine if murder was committed by at least one assailant.

Ratio Decidendi

The jury direction was erroneous in omitting the requirement that the secondary party must foresee that the principal may intentionally inflict grievous bodily harm, and in failing to require the jury to first determine that murder was committed by at least one assailant; these omissions rendered the convictions unsafe.

Court Disposition

convictions quashed

Orders

  • Convictions of all appellants quashed.
  • Submissions invited in writing as to whether a re-trial is appropriate.