Carey & Ors, R v

Carey & Ors, R v

The court certified a point of law regarding manslaughter liability in affray cases but refused leave to appeal to the House of Lords.

Parties
Prosecution: Regina; Appellant: Claire Carey; Appellant: Sinead Coyle; Appellant: Kelly Foster
Jurisdiction
England and Wales
Judgment Date
08 March 2006
Procedural Posture
Criminal Appeal / Certification of Point of Law; Refusal of Leave to Appeal
Outcome
certification of point of law; leave to appeal refused
Legal Topics
Manslaughter, Affray, Unlawful Violence, Causation

Case Brief

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Parties

Regina

Prosecution

Claire Carey

Appellant

Sinead Coyle

Appellant

Kelly Foster

Appellant

Procedural Posture

Criminal Appeal / Certification of Point of Law; Refusal of Leave to Appeal

  1. 1 Whether participation in an affray resulting in death, but not caused by assault, constitutes manslaughter liability for all participants

Ratio Decidendi

The court certified a point of law regarding manslaughter liability in affray cases but refused leave to appeal to the House of Lords.

Court Disposition

certification of point of law; leave to appeal refused

Orders

  • Representation orders granted for Queen's Counsel, junior counsel and solicitors if leave to appeal is granted by House of Lords