McLeod & Ors, R v [2017] EWCA Crim 800 (27 June 2017)

McLeod & Ors, R v [2017] EWCA Crim 800 (27 June 2017)

The appeals against conviction and sentence were refused because the judge's directions, assessment of evidence, and sentencing were correct in law and proportionate to the seriousness and circumstances of the offences. The misdirection on joint enterprise did not result in substantial injustice, the evidence supported the convictions, and the sentences, including life sentences and aggregation for totality, were justified.

Citation
[2017] EWCA Crim 800
Parties
Respondent: R; Appellant: Ralph McLeod; Appellant: Lemar Grant; Appellant: Kofi Poyser; Appellant: Anthony McLeod; Appellant: Ricardo Grant; Appellant: Yusuf Akbar; Appellant: Lewis Poyser
Jurisdiction
England and Wales
Judgment Date
27 June 2017
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Outcome
Appeals against conviction and sentence refused
Legal Topics
Joint Enterprise, Sentencing, Dangerous Offenders, Totality Principle, Bad Character Evidence, Grievous Bodily Harm, Kidnap, Blackmail
Criminal Law Joint Enterprise Sentencing Dangerous Offenders Totality Principle Bad Character Evidence Grievous Bodily Harm Kidnap +1 more

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Parties

R

Respondent

Ralph McLeod

Appellant

Lemar Grant

Appellant

Kofi Poyser

Appellant

Anthony McLeod

Appellant

Ricardo Grant

Appellant

Yusuf Akbar

Appellant

Lewis Poyser

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on joint enterprise following R v Jogee
  2. 2 Whether there was a case to answer on causing grievous bodily harm with intent
  3. 3 Whether the alternative of wounding (s.20 OAPA 1861) should have been left to the jury

Ratio Decidendi

The appeals against conviction and sentence were refused because the judge's directions, assessment of evidence, and sentencing were correct in law and proportionate to the seriousness and circumstances of the offences. The misdirection on joint enterprise did not result in substantial injustice, the evidence supported the convictions, and the sentences, including life sentences and aggregation for totality, were justified.

Court Disposition

Appeals against conviction and sentence refused

Orders

  • Applications for leave to appeal against conviction refused
  • Appeals against sentence refused