Jenkins & Ors, R v [2002] EWCA Crim 749 (14th February, 2002)

Jenkins & Ors, R v [2002] EWCA Crim 749 (14th February, 2002)

The trial judge's directions on provocation and secondary liability were proper and sufficient, the evidence was admissible, and the 'Steps to Verdict' document was clear and accurate; no misdirection or irregularity rendered the convictions unsafe.

Citation
[2002] EWCA Crim 749
Parties
Prosecution: R; Appellant: David Ian Jenkins; Appellant: Alicia Jenkins; Appellant: Terry William Jenkins; Appellant: Russell Brown
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction
Outcome
applications for leave to appeal refused
Legal Topics
Murder, Joint Enterprise, Secondary Liability, Provocation, Admissibility of Evidence, Jury Directions
Criminal Law Murder Joint Enterprise Secondary Liability Provocation Admissibility of Evidence Jury Directions

Case Brief

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Parties

R

Prosecution

David Ian Jenkins

Appellant

Alicia Jenkins

Appellant

Terry William Jenkins

Appellant

Russell Brown

Appellant

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on provocation and secondary liability for murder
  2. 2 Whether post-mortem photographs were wrongly admitted into evidence
  3. 3 Whether there was a case to answer for Alicia Jenkins as a secondary party

Ratio Decidendi

The trial judge's directions on provocation and secondary liability were proper and sufficient, the evidence was admissible, and the 'Steps to Verdict' document was clear and accurate; no misdirection or irregularity rendered the convictions unsafe.

Court Disposition

applications for leave to appeal refused