Blake & Ors, R v [2010] EW Misc 6 (CrimC) (31 March 2010)

Blake & Ors, R v [2010] EW Misc 6 (CrimC) (31 March 2010)

The court found that the prosecution had proved beyond reasonable doubt that Blake, Twomey, Cameron, and Hibberd (in relation to the Menzies robbery) were guilty as charged, based on the totality of the evidence including DNA, CCTV, witness testimony, and circumstantial facts. The alibis were rejected as false, and the evidence established participation in the robbery and, for Blake, the use of a firearm with intent to endanger life. For Hibberd, the evidence was insufficient to prove possession of the firearms and ammunition found in the Uxbridge garage, and he was acquitted on those counts.

Citation
[2010] EW Misc 6 (CrimC)
Parties
Prosecution: R (Crown); Defendant: Peter Blake; Defendant: John Twomey; Defendant: Glenn Cameron; Defendant: Barry Hibberd
Jurisdiction
England and Wales
Judgment Date
31 March 2010
Procedural Posture
Criminal / Trial Judgment
Outcome
Guilty verdicts on Menzies robbery counts for Blake, Twomey, Cameron, and Hibberd; not guilty verdicts for Hibberd on all Uxbridge garage firearms counts; no verdicts returned on alternative conspiracy counts for Twomey and Cameron.
Legal Topics
Armed Robbery, Firearms Offences, Joint Enterprise, DNA Evidence, Alibi, Burden of Proof, Conspiracy, Possession of Firearms, Standard of Proof
Criminal Law Armed Robbery Firearms Offences Joint Enterprise DNA Evidence Alibi Burden of Proof Conspiracy +2 more

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Parties

R (Crown)

Prosecution

Peter Blake

Defendant

John Twomey

Defendant

Glenn Cameron

Defendant

Barry Hibberd

Defendant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether each defendant participated in the Menzies armed robbery on 6 February 2004
  2. 2 Whether Blake was robber number four and fired at David Westwood
  3. 3 Whether Twomey was the planner and organiser and present as robber two

Ratio Decidendi

The court found that the prosecution had proved beyond reasonable doubt that Blake, Twomey, Cameron, and Hibberd (in relation to the Menzies robbery) were guilty as charged, based on the totality of the evidence including DNA, CCTV, witness testimony, and circumstantial facts. The alibis were rejected as false, and the evidence established participation in the robbery and, for Blake, the use of a firearm with intent to endanger life. For Hibberd, the evidence was insufficient to prove possession of the firearms and ammunition found in the Uxbridge garage, and he was acquitted on those counts.

Court Disposition

Guilty verdicts on Menzies robbery counts for Blake, Twomey, Cameron, and Hibberd; not guilty verdicts for Hibberd on all Uxbridge garage firearms counts; no verdicts returned on alternative conspiracy counts for Twomey and Cameron.

Orders

  • Blake: Guilty on Counts 1 (attempted GBH with intent), 2 (possession of firearm with intent to endanger life), 3 (robbery), 5 (firearm with intent to commit indictable offence)
  • Twomey: Guilty on Counts 3 (robbery), 5 (firearm with intent to commit indictable offence); no verdict on Count 4 (conspiracy to rob)