Smith & Anor, R. v [2022] EWCA Crim 1808 (11 October 2022)

Smith & Anor, R. v [2022] EWCA Crim 1808 (11 October 2022)

The applicants' participation in a joint attack involving violence, with knowledge that the victim was armed, made it foreseeable that the weapon could be used against the victim. Brown's escalation did not amount to an overwhelming supervening act. The judge was entitled to rule there was no evidential basis for such a direction, and the convictions are safe.

Citation
[2022] EWCA Crim 1808
Parties
Respondent: Rex; Applicant: Kyle Neil Smith; Applicant: Bernie Peter Smith
Jurisdiction
England and Wales
Judgment Date
11 October 2022
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
applications refused
Legal Topics
Joint Enterprise, Manslaughter, Overwhelming Supervening Act, Appeal Procedure, Time Limits for Appeal
Criminal Law Joint Enterprise Manslaughter Overwhelming Supervening Act Appeal Procedure Time Limits for Appeal

Case Brief

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Parties

Rex

Respondent

Kyle Neil Smith

Applicant

Bernie Peter Smith

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the stabbing by Brown was an overwhelming supervening act breaking the chain of joint enterprise liability for the applicants
  2. 2 Whether the judge erred in not directing the jury on the possibility of an overwhelming supervening act
  3. 3 Whether the convictions are unsafe due to the absence of such a direction

Ratio Decidendi

The applicants' participation in a joint attack involving violence, with knowledge that the victim was armed, made it foreseeable that the weapon could be used against the victim. Brown's escalation did not amount to an overwhelming supervening act. The judge was entitled to rule there was no evidential basis for such a direction, and the convictions are safe.

Court Disposition

applications refused

Orders

  • Applications for extension of time and for leave to appeal against conviction are refused.