R v Kalam Bagge & Anor
There was sufficient evidence on which a reasonable jury could find the applicants party to a conditional agreement to use unlawful violence, amounting to secondary liability for murder. The trial judge applied the correct legal test in refusing submissions of no case to answer. The admission of bad character evidence did not prejudice Antwi due to clear jury directions. The refusal to discharge the jury in Antwi's case was within the judge's discretion and did not render the conviction unsafe.
- Parties
- Applicant: Kalam Bagge; Applicant: Rhys Antwi; Respondent: Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 17 December 2025
- Procedural Posture
- Criminal Appeal / Judgment on Application for Leave to Appeal Against Conviction
- Outcome
- applications for leave to appeal against conviction refused
- Legal Topics
- Murder, Secondary Liability, Joint Enterprise, Admissibility of Evidence, Bad Character Evidence, Jury Discharge, No Case to Answer
Case Brief
Summary, issues, holding and outcome
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Parties
Kalam Bagge
Applicant
Rhys Antwi
Applicant
Crown
Respondent
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether there was sufficient evidence for a reasonable jury to find a conditional agreement amounting to secondary liability for murder against the applicants
- 2 Whether the trial judge erred in refusing submissions of no case to answer
- 3 Whether the admission of bad character evidence relating to a co-accused prejudiced the applicant Antwi
Ratio Decidendi
There was sufficient evidence on which a reasonable jury could find the applicants party to a conditional agreement to use unlawful violence, amounting to secondary liability for murder. The trial judge applied the correct legal test in refusing submissions of no case to answer. The admission of bad character evidence did not prejudice Antwi due to clear jury directions. The refusal to discharge the jury in Antwi's case was within the judge's discretion and did not render the conviction unsafe.
Court Disposition
applications for leave to appeal against conviction refused
Full Case Text
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