Davies, R. v [2024] EWCA Crim 275 (08 March 2024)

Davies, R. v [2024] EWCA Crim 275 (08 March 2024)

The judge was entitled to find there was evidence from which a jury could infer that Davies participated in the joint enterprise, encouraged the principal offender, and knew of the presence of a knife; the summing-up was fair; the sentence was not manifestly excessive given the facts and aggravating factors.

Citation
[2024] EWCA Crim 275
Parties
Prosecution: Rex; Applicant: Jack Davies
Jurisdiction
England and Wales
Judgment Date
08 March 2024
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction and Sentence
Outcome
applications for leave to appeal against conviction and sentence refused
Legal Topics
Manslaughter, Joint Enterprise, Appeal Against Conviction, Appeal Against Sentence, Sentencing Guidelines
Criminal Law Manslaughter Joint Enterprise Appeal Against Conviction Appeal Against Sentence Sentencing Guidelines

Case Brief

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Parties

Rex

Prosecution

Jack Davies

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing a submission of no case to answer for Jack Davies
  2. 2 Whether the summing-up by the trial judge was fair and accurate
  3. 3 Whether the sentence imposed was manifestly excessive or wrongly categorized under sentencing guidelines

Ratio Decidendi

The judge was entitled to find there was evidence from which a jury could infer that Davies participated in the joint enterprise, encouraged the principal offender, and knew of the presence of a knife; the summing-up was fair; the sentence was not manifestly excessive given the facts and aggravating factors.

Court Disposition

applications for leave to appeal against conviction and sentence refused