R. v M & T

R. v M & T

The trial judge's decision that there was insufficient evidence for a reasonable jury to convict Thompson and McIntosh was within the range of reasonable response, given the lack of evidence of prior knowledge or planning and the equivocal nature of the witness testimony. The Court of Appeal granted leave to appeal but dismissed the appeal, upholding the acquittal.

Parties
Applicant: Regina; Respondent: M & T
Jurisdiction
England and Wales
Judgment Date
01 December 2009
Procedural Posture
Criminal / Prosecution Application for Leave to Appeal Against a Terminating Ruling Under S 58 Criminal Justice Act 2003
Outcome
appeal dismissed
Legal Topics
Terminating Ruling, Joint Enterprise, Murder, Leave to Appeal, Acquittal
Criminal Law Terminating Ruling Joint Enterprise Murder Leave to Appeal Acquittal

Case Brief

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Parties

Regina

Applicant

M & T

Respondent

Procedural Posture

Criminal / Prosecution Application for Leave to Appeal Against a Terminating Ruling Under S 58 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether there was sufficient evidence for a reasonable jury to convict Thompson and McIntosh as secondary parties to murder
  2. 2 Whether the trial judge's terminating ruling was outwith the range of reasonable response

Ratio Decidendi

The trial judge's decision that there was insufficient evidence for a reasonable jury to convict Thompson and McIntosh was within the range of reasonable response, given the lack of evidence of prior knowledge or planning and the equivocal nature of the witness testimony. The Court of Appeal granted leave to appeal but dismissed the appeal, upholding the acquittal.

Court Disposition

appeal dismissed

Orders

  • order for acquittal of Thompson and McIntosh
  • order restricting reporting of the appeal until trial conclusion