McCarthy, R v

McCarthy, R v

The trial judge's directions were adequate; the appellant was party to a plan to attack with weapons, and his proximity and continued participation when weapons were produced and used rendered him liable for murder under joint enterprise principles.

Parties
Prosecutor: R; Appellant: Robert Joseph McCarthy
Jurisdiction
England and Wales
Judgment Date
27 February 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Joint Enterprise, Murder, Conspiracy, Liability of Secondary Parties
Criminal Law Joint Enterprise Murder Conspiracy Liability of Secondary Parties

Case Brief

Summary, issues, holding and outcome

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Parties

R

Prosecutor

Robert Joseph McCarthy

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

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 if unaware of the presence and use of bladed weapons by others

Ratio Decidendi

The trial judge's directions were adequate; the appellant was party to a plan to attack with weapons, and his proximity and continued participation when weapons were produced and used rendered him liable for murder under joint enterprise principles.

Court Disposition

appeal dismissed