Miah & Ors, R. v [2009] EWCA Crim 2368 (21 October 2009)

Miah & Ors, R. v [2009] EWCA Crim 2368 (21 October 2009)

There was ample evidence for the jury to find that the appellants participated in a common enterprise to inflict grievous bodily harm with weapons, and the trial judge's directions on law and section 34 were adequate. The sentences imposed were not wrong in principle or manifestly excessive given the planned and aggravated nature of the group violence.

Citation
[2009] EWCA Crim 2368
Parties
Respondent: Regina; Appellant: Aziz Miah; Applicant: Vabeesan Shivarajah; Appellant: Kirush Nanthakumar; Appellant: Asif Kumbay
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed
Legal Topics
Common Enterprise, Murder, Joint Enterprise, Section 34 Criminal Justice and Public Order Act 1994, Sentencing
Criminal Law Common Enterprise Murder Joint Enterprise Section 34 Criminal Justice and Public Order Act 1994 Sentencing

Case Brief

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Parties

Regina

Respondent

Aziz Miah

Appellant

Vabeesan Shivarajah

Applicant

Kirush Nanthakumar

Appellant

Asif Kumbay

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to withdraw murder and manslaughter charges from the jury
  2. 2 Whether the directions on common enterprise were defective
  3. 3 Whether the section 34 direction was defective

Ratio Decidendi

There was ample evidence for the jury to find that the appellants participated in a common enterprise to inflict grievous bodily harm with weapons, and the trial judge's directions on law and section 34 were adequate. The sentences imposed were not wrong in principle or manifestly excessive given the planned and aggravated nature of the group violence.

Court Disposition

Appeals against conviction and sentence dismissed