McCarthy, R v [2003] EWCA Crim 484 (27 February 2003)

McCarthy, R v [2003] EWCA Crim 484 (27 February 2003)

The trial judge's directions were adequate and consistent with the principles in Powell and English; the appellant was party to a plan to attack the deceased with weapons, was present and participated, and the facts showed he was aware of the use of weapons during the attack. The conviction is safe.

Citation
[2003] EWCA Crim 484
Parties
Prosecution: R; Appellant: Robert Joseph McCarthy
Jurisdiction
England and Wales
Judgment Date
27 February 2003
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment
Outcome
appeal dismissed
Legal Topics
Joint Enterprise, Murder, Conspiracy to Cause Grievous Bodily Harm, Secondary Party Liability
Criminal Law Joint Enterprise Murder Conspiracy to Cause Grievous Bodily Harm Secondary Party Liability

Case Brief

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Parties

R

Prosecution

Robert Joseph McCarthy

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment

Legal Issues

  1. 1 Whether the trial judge's direction on joint enterprise was defective in light of R v Powell and English
  2. 2 Whether the appellant could be convicted of murder without knowledge of bladed weapons used in the attack

Ratio Decidendi

The trial judge's directions were adequate and consistent with the principles in Powell and English; the appellant was party to a plan to attack the deceased with weapons, was present and participated, and the facts showed he was aware of the use of weapons during the attack. The conviction is safe.

Court Disposition

appeal dismissed

Orders

  • conviction for murder remains safe
  • no change to sentence