Ellis & Anor, R. v

The failure to direct the jury that the non-stabber must know or realise that the stabber would or might use the knife with the intention to kill or cause really serious injury, and the failure to identify the requisite degree of participation in a joint enterprise, constituted a serious defect in the summing-up, rendering the convictions unsafe.

Parties: Prosecution: Regina; Appellant: Anthony David Ellis; Appellant: Kelvin Wilhelm
Jurisdiction: England and Wales
Judgment Date: 03 December 2013
Procedural Posture: Criminal Appeal / Appeal Against Conviction
Outcome: convictions quashed; retrial ordered
Legal Topics: Murder, Joint Enterprise, Jury Directions, Appeal, Retrial

Criminal Law Murder Joint Enterprise Jury Directions Appeal Retrial

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Anthony David Ellis

Appellant

Kelvin Wilhelm

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

1 Whether the trial judge's directions on joint enterprise and the requisite mental element for murder were legally adequate
2 Whether the convictions for murder were safe given the directions provided to the jury

Ratio Decidendi

Court Disposition

convictions quashed; retrial ordered

Orders

Both Anthony David Ellis and Kelvin Wilhelm to be tried again on an indictment alleging the murder of John Muldowney.
A fresh indictment to be served and the appellants to be re-arraigned within 2 months.