Evans & Anor, R v [2006] EWCA Crim 1442 (20th June 2006)

Evans & Anor, R v [2006] EWCA Crim 1442 (20th June 2006)

The summing up was fair and comprehensive; all relevant defence points were put to the jury. The evidence supported the conviction, and the racial element justified the length of the sentences. There was no basis to distinguish between the appellants in sentencing.

Citation
[2006] EWCA Crim 1442
Parties
Respondent: R; Appellant: Michael Evans; Appellant: James Carney
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed
Legal Topics
Manslaughter, Racially Aggravated Offences, Joint Enterprise, Sentencing
Criminal Law Manslaughter Racially Aggravated Offences Joint Enterprise Sentencing

Case Brief

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Parties

R

Respondent

Michael Evans

Appellant

James Carney

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the summing up by the trial judge was unfair to Carney
  2. 2 Whether the conviction of manslaughter was unsafe
  3. 3 Whether the sentences imposed were manifestly excessive or should have distinguished between appellants

Ratio Decidendi

The summing up was fair and comprehensive; all relevant defence points were put to the jury. The evidence supported the conviction, and the racial element justified the length of the sentences. There was no basis to distinguish between the appellants in sentencing.

Court Disposition

Appeals against conviction and sentence dismissed