Mulgrew & Anor v R.

Mulgrew & Anor v R.

The convictions are unsafe because the Board was not properly directed on self-defence and the interaction with joint enterprise, and the factual findings departed from the prosecution's case theory, depriving the defendants of a fair opportunity to answer the case against them.

Parties
Appellant: Trooper Danny Mulgrew; Appellant: Trooper David Richards; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
04 October 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
convictions quashed
Legal Topics
Joint Enterprise, Self Defence, Unsafe Conviction, Grievous Bodily Harm, Actual Bodily Harm
Criminal Law Joint Enterprise Self Defence Unsafe Conviction Grievous Bodily Harm Actual Bodily Harm

Case Brief

Summary, issues, holding and outcome

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Parties

Trooper Danny Mulgrew

Appellant

Trooper David Richards

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the convictions were unsafe due to flawed directions on joint enterprise and self-defence
  2. 2 Whether the Board's findings were inconsistent with the directions and route to verdict
  3. 3 Whether absence of direction on self-defence rendered the convictions unsafe

Ratio Decidendi

The convictions are unsafe because the Board was not properly directed on self-defence and the interaction with joint enterprise, and the factual findings departed from the prosecution's case theory, depriving the defendants of a fair opportunity to answer the case against them.

Court Disposition

convictions quashed

Orders

  • Convictions of Trooper Danny Mulgrew and Trooper David Richards are quashed.