Gnango, R v

Gnango, R v

Joint enterprise liability for murder cannot be founded solely on participation in affray between antagonists without a shared common purpose; foreseeability alone is insufficient. The conviction for murder is quashed as the necessary elements of joint enterprise were not established.

Parties
Respondent: Regina; Appellant: Armel Gnango
Jurisdiction
England and Wales
Judgment Date
26 July 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction for murder quashed; sentence for attempted murder increased.
Legal Topics
Joint Enterprise Liability, Murder, Attempted Murder, Affray, Transferred Malice, Aiding and Abetting
Criminal Law Joint Enterprise Liability Murder Attempted Murder Affray Transferred Malice Aiding and Abetting

Case Brief

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Parties

Regina

Respondent

Armel Gnango

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether joint enterprise liability applies when two antagonists engage in affray and a bystander is killed by one participant
  2. 2 Whether foresight alone is sufficient for secondary liability in murder
  3. 3 Whether a common purpose exists in affray between antagonists

Ratio Decidendi

Joint enterprise liability for murder cannot be founded solely on participation in affray between antagonists without a shared common purpose; foreseeability alone is insufficient. The conviction for murder is quashed as the necessary elements of joint enterprise were not established.

Court Disposition

Appeal allowed; conviction for murder quashed; sentence for attempted murder increased.

Orders

  • Conviction for murder quashed.
  • Sentence for attempted murder substituted with detention for public protection with a minimum term of 15 years less time on remand.