Anwar & Ors, R. v [2016] EWCA Crim 551 (04 May 2016)

Anwar & Ors, R. v [2016] EWCA Crim 551 (04 May 2016)

The judge erred by requiring proof of presence in the Astra or specific role; sufficient evidence existed for a reasonable jury to infer all respondents participated in a conspiracy to rob with conditional intent to kill using a firearm, based on planning, coordination, and the exhortation to shoot.

Citation
[2016] EWCA Crim 551
Parties
Appellant: The Queen; Respondent: Umar Anwar; Respondent: David Stockley; Respondent: Ramone Celaire; Respondent: Carl Knight; Respondent: Jiovaughni Richards; Respondent: Taylor Scott
Jurisdiction
England and Wales
Judgment Date
04 May 2016
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling (no Case to Answer)
Outcome
appeal allowed, terminating ruling reversed, proceedings to be resumed
Legal Topics
Joint Enterprise, Attempted Murder, Conspiracy to Rob, Firearms Offences, Case to Answer, Conditional Intent
Criminal Law Joint Enterprise Attempted Murder Conspiracy to Rob Firearms Offences Case to Answer Conditional Intent

Case Brief

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Parties

The Queen

Appellant

Umar Anwar

Respondent

David Stockley

Respondent

Ramone Celaire

Respondent

Carl Knight

Respondent

Jiovaughni Richards

Respondent

Taylor Scott

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling (no Case to Answer)

Legal Issues

  1. 1 Whether there was sufficient evidence for a jury to find that all respondents participated in a conspiracy to rob with conditional intent to kill using a firearm
  2. 2 Whether the judge erred in ruling there was no case to answer for attempted murder and possession of a firearm with intent

Ratio Decidendi

The judge erred by requiring proof of presence in the Astra or specific role; sufficient evidence existed for a reasonable jury to infer all respondents participated in a conspiracy to rob with conditional intent to kill using a firearm, based on planning, coordination, and the exhortation to shoot.

Court Disposition

appeal allowed, terminating ruling reversed, proceedings to be resumed

Orders

  • Leave to appeal granted
  • Appeal allowed