R v Nico Mifsud

R v Nico Mifsud

The judge was correct to reject the submission of no case to answer as there was sufficient evidence for the jury to find the appellant participated in the wounding, either directly or by assisting or encouraging; the verdicts were not inconsistent as the jury could convict on count 4 without being sure of possession of a knife on count 7.

Parties
Appellant: Nico Mifsud; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
01 November 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Wounding With Intent, Joint Enterprise, No Case to Answer, Inconsistent Verdicts
Criminal Law Wounding With Intent Joint Enterprise No Case to Answer Inconsistent Verdicts

Case Brief

Summary, issues, holding and outcome

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Parties

Nico Mifsud

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the submission of no case to answer on the charge of wounding with intent
  2. 2 Whether the conviction on count 4 (wounding with intent) was inconsistent with the acquittal on count 7 (possession of an offensive weapon)

Ratio Decidendi

The judge was correct to reject the submission of no case to answer as there was sufficient evidence for the jury to find the appellant participated in the wounding, either directly or by assisting or encouraging; the verdicts were not inconsistent as the jury could convict on count 4 without being sure of possession of a knife on count 7.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • no order as to costs