Hafiz & Orsl v R [2012] EWCA Crim 4 (18 January 2012)

Hafiz & Orsl v R [2012] EWCA Crim 4 (18 January 2012)

The court found no grounds to doubt the safety of Hafiz's conviction, holding that Henderson's evidence was properly admitted and directions to the jury were sufficient. Rafiq's conviction for murder was unsafe due to irreconcilable verdicts on counts 3 and 4, as the jury acquitted him of firearm possession but convicted him of murder, the only basis for which was supply of the gun. Afzal's grounds for severance and prejudice were rejected, with the court finding directions adequate and no miscarriage of justice.

Citation
[2012] EWCA Crim 4
Parties
1st Appellant: Mohammed Idris Hafiz; 2nd Appellant: Arfan Rafiq; 3rd Appellant: Akmal Ali Afzal; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
18 January 2012
Procedural Posture
Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Hafiz: leave to appeal refused; Rafiq: appeal allowed, conviction quashed; Afzal: leave to appeal refused.
Legal Topics
Joint Enterprise, Murder, Manslaughter, Conspiracy, Firearms Offences, Assisting Offender, Abuse of Process, Disclosure, Credibility of Witnesses
Criminal Law Joint Enterprise Murder Manslaughter Conspiracy Firearms Offences Assisting Offender Abuse of Process +2 more

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Parties

Mohammed Idris Hafiz

1st Appellant

Arfan Rafiq

2nd Appellant

Akmal Ali Afzal

3rd Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether Henderson's evidence should have been excluded or proceedings stayed for abuse of process
  2. 2 Whether the judge's directions to the jury were sufficient to mitigate prejudice
  3. 3 Whether verdicts returned by the jury were inconsistent

Ratio Decidendi

The court found no grounds to doubt the safety of Hafiz's conviction, holding that Henderson's evidence was properly admitted and directions to the jury were sufficient. Rafiq's conviction for murder was unsafe due to irreconcilable verdicts on counts 3 and 4, as the jury acquitted him of firearm possession but convicted him of murder, the only basis for which was supply of the gun. Afzal's grounds for severance and prejudice were rejected, with the court finding directions adequate and no miscarriage of justice.

Court Disposition

Hafiz: leave to appeal refused; Rafiq: appeal allowed, conviction quashed; Afzal: leave to appeal refused.

Orders

  • Extension of time granted to Hafiz.
  • Rafiq's conviction on count 3 quashed; order effective after 14 days unless retrial application made.