R v CGA & Anor

R v CGA & Anor

The convictions of both appellants for causing the same injuries are unsafe because the prosecution did not advance a joint enterprise case, there was no evidential foundation for both being responsible for all injuries, and the jury's verdicts are inconsistent with the directions and evidence. Accordingly, the convictions under sections 18 and 47 must be quashed.

Parties
Respondent: REX; Appellant: CGA; Appellant: ZFX
Jurisdiction
England and Wales
Judgment Date
27 March 2026
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed, convictions quashed, retrial ordered for CGA on section 5 counts, ZFX to be sentenced for section 5 offences after retrial, unconditional bail granted to ZFX, no retrial for section 18/20/47 counts
Legal Topics
Grievous Bodily Harm, Joint Enterprise, Inconsistent Verdicts, Causing or Allowing Harm, Appeal Procedure, Sentencing, Bail
Criminal Law Child Protection Grievous Bodily Harm Joint Enterprise Inconsistent Verdicts Causing or Allowing Harm Appeal Procedure Sentencing +1 more

Case Brief

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Parties

REX

Respondent

CGA

Appellant

ZFX

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Are the jury's verdicts convicting both appellants of causing the same injuries irrational and unsafe given the prosecution case was not based on joint enterprise?
  2. 2 Should the convictions under sections 18 and 47 of the Offences Against the Person Act 1861 be quashed due to inconsistency and lack of evidential foundation?
  3. 3 Is a retrial appropriate for either appellant on any counts given the evidence and procedural history?

Ratio Decidendi

The convictions of both appellants for causing the same injuries are unsafe because the prosecution did not advance a joint enterprise case, there was no evidential foundation for both being responsible for all injuries, and the jury's verdicts are inconsistent with the directions and evidence. Accordingly, the convictions under sections 18 and 47 must be quashed.

Court Disposition

appeal allowed, convictions quashed, retrial ordered for CGA on section 5 counts, ZFX to be sentenced for section 5 offences after retrial, unconditional bail granted to ZFX, no retrial for section 18/20/47 counts

Orders

  • Convictions under sections 18 and 47 quashed for both appellants
  • Retrial of CGA ordered on causing or allowing counts under section 5 of the 2004 Act