Miah & Ors, R. v

Miah & Ors, R. v

The jury was entitled to find that the murder was committed in the course of a common enterprise to inflict grievous bodily harm, and the judge's directions on law and section 34 were not defective so as to render the convictions unsafe.

Parties
Appellant: Aziz Miah; Applicant: Vabeesan Shivarajah; Appellant: Kirush Nanthakumar; Appellant: Asif Kumbay; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeals against conviction and sentence dismissed
Legal Topics
Common Enterprise, Murder, Wounding With Intent, Assault Occasioning Actual Bodily Harm, Adverse Inference Under Section 34, Sentencing Principles
Criminal Law Common Enterprise Murder Wounding With Intent Assault Occasioning Actual Bodily Harm Adverse Inference Under Section 34 Sentencing Principles

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Parties

Aziz Miah

Appellant

Vabeesan Shivarajah

Applicant

Kirush Nanthakumar

Appellant

Asif Kumbay

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the judge's directions on common enterprise were defective
  2. 2 Whether there was a case to answer for murder
  3. 3 Whether section 34 directions were properly given

Ratio Decidendi

The jury was entitled to find that the murder was committed in the course of a common enterprise to inflict grievous bodily harm, and the judge's directions on law and section 34 were not defective so as to render the convictions unsafe.

Court Disposition

appeals against conviction and sentence dismissed

Orders

  • Convictions for murder, wounding with intent, and assault occasioning actual bodily harm upheld.
  • Sentences of life imprisonment with minimum terms of 17 years for Miah and 14 years for Nanthakumar affirmed.