Grant & Ors v R.

Grant & Ors v R.

There is no rule of law or legal principle that supports the argument that convictions for attempted murder and grievous bodily harm with intent arising from the same act and intent are mutually inconsistent or bad in law. Proof of intent to kill necessarily includes intent to cause grievous bodily harm. The judge's directions, admission of GSR evidence, and handling of bad character evidence did not render the convictions unsafe.

Parties
Appellant: Nathaniel Grant; Appellant: Anthony McCalla; Appellant: Kazeem Kolawole; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Attempted Murder, Grievous Bodily Harm, Joint Enterprise, Transferred Malice, Admissibility of Evidence, Bad Character Evidence
Criminal Law Attempted Murder Grievous Bodily Harm Joint Enterprise Transferred Malice Admissibility of Evidence Bad Character Evidence

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Parties

Nathaniel Grant

Appellant

Anthony McCalla

Appellant

Kazeem Kolawole

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether convictions for attempted murder and grievous bodily harm with intent arising from the same act and intent are mutually inconsistent or bad in law
  2. 2 Whether the trial judge misdirected the jury regarding the elements of the offences and the steps to verdict
  3. 3 Whether the evidence of gunshot residue (GSR) was wrongly admitted and inadequately directed

Ratio Decidendi

There is no rule of law or legal principle that supports the argument that convictions for attempted murder and grievous bodily harm with intent arising from the same act and intent are mutually inconsistent or bad in law. Proof of intent to kill necessarily includes intent to cause grievous bodily harm. The judge's directions, admission of GSR evidence, and handling of bad character evidence did not render the convictions unsafe.

Court Disposition

appeal dismissed