Prosecution appeal under s.58 of the Criminal Justice Act 2003, with the leave of the trial judge, against the ruling given at Newcastle upon Tyne Crown Court on 13th March 2012 that taking the prosecution case at its highest, it would not be open to the jury to convict either respondent of manslaughter.
Held: It was not the case on a charge of affray resulting in involuntary mansaughter to show that where the deceased had been involved in the fighting which constituted the affray, the defendant should have foreseen any specific harm to the victim at all. It has to be shown only that reasonable and sober people would have recognised that the defendants’s unlawful actions would unavoidably subject the victim to the risk of some harm resulting from those activities.
Judges:
Igor Judge, Baron Judge LCJ, Evans, Thirlwall JJ
Citations:
[2012] EWCA Crim 2293, [2013] 1 Cr App R 10, [2013] Crim LR 335, [2013] 1 WLR 1083, [2012] WLR(D) 320
Links:
Jurisdiction:
England and Wales
Crime
Updated: 06 November 2022; Ref: scu.465625