Anwar & Ors, R. v

Anwar & Ors, R. v

The judge erred by requiring proof of presence in the Astra and specific knowledge of the loaded shotgun for each defendant; the evidence of planning, coordination, and the exhortation 'shoot him, shoot him' allowed a reasonable inference that all participants knew and intended the firearm be used to kill if necessary, thus there was a case to answer for all defendants.

Parties
Respondent: The Queen; Appellant: Umar Anwar; Appellant: David Stockley; Appellant: Ramone Celaire; Appellant: Carl Knight; Appellant: Jiovaughni Richards; Appellant: 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
Legal Topics
Joint Enterprise, Attempted Murder, Conspiracy to Rob, Possession of Firearm, Case to Answer, Conditional Intent
Criminal Law Joint Enterprise Attempted Murder Conspiracy to Rob Possession of Firearm Case to Answer Conditional Intent

Case Brief

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Parties

The Queen

Respondent

Umar Anwar

Appellant

David Stockley

Appellant

Ramone Celaire

Appellant

Carl Knight

Appellant

Jiovaughni Richards

Appellant

Taylor Scott

Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether there was sufficient evidence for a case to answer for attempted murder and possession of a firearm with intent to commit robbery
  2. 2 Application of joint enterprise principles post-Jogee
  3. 3 Conditional intent and knowledge requirements for accomplices

Ratio Decidendi

The judge erred by requiring proof of presence in the Astra and specific knowledge of the loaded shotgun for each defendant; the evidence of planning, coordination, and the exhortation 'shoot him, shoot him' allowed a reasonable inference that all participants knew and intended the firearm be used to kill if necessary, thus there was a case to answer for all defendants.

Court Disposition

appeal allowed

Orders

  • leave granted
  • terminating ruling reversed