Lewis & Anor, R v

Lewis & Anor, R v

The trial judge was entitled to rule there was no case to answer as the evidence, even taken at its highest, was insufficient for a reasonable jury to infer guilt of both defendants as joint principals in the murder.

Parties
Appellant: Regina; Respondent: Dean Malcolm Lewis; Respondent: James Marshall-Gunn
Jurisdiction
England and Wales
Judgment Date
01 November 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling
Outcome
appeal dismissed
Legal Topics
Murder, Circumstantial Evidence, No Case to Answer, Joint Principals, Joint Enterprise
Criminal Law Murder Circumstantial Evidence No Case to Answer Joint Principals Joint Enterprise

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Appellant

Dean Malcolm Lewis

Respondent

James Marshall-Gunn

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether the trial judge erred in ruling there was no case to answer for murder against both defendants
  2. 2 Whether circumstantial evidence was sufficient to infer guilt as joint principals

Ratio Decidendi

The trial judge was entitled to rule there was no case to answer as the evidence, even taken at its highest, was insufficient for a reasonable jury to infer guilt of both defendants as joint principals in the murder.

Court Disposition

appeal dismissed

Orders

  • trial judge's ruling confirmed
  • both defendants acquitted of murder