The defendants appealed their convictions for murder, saying that a co-defendant, have been captured after fleeing the country had later been treated more leniently, a plea of manslaughter having been accepted.
Held: In order to substitute convictions for manslaughter, the court would first have to quash the convictions for murder, which was only possible if they were unsafe. The acceptance of a plea of guilty to manslaughter reflected the different evidence, and the different treatment was not inappropriate. There had been no over-charging
Judges:
Pill LJ, Ouseley J, Davis J
Citations:
[2005] EWCA Crim 1883
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Andrews-Weatherfoil Ltd CACD 1972
For so long as it is possible for persons concerned in a single offence to be tried separately, it is inevitable that the verdicts returned by the two juries will on occasion appear to be inconsistent with one another. Eveleigh J: ‘It is necessary . .
Cited – Director of Public Prosecutions v Humphrys HL 1977
Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. . .
Cited – Hui Chi-ming v The Queen PC 5-Aug-1991
(Hong Kong) The defendant was charged with aiding and abetting a murder. A, carrying a length of water pipe and accompanied by the defendant and four other youths, seized a man and A hit him with the pipe, causing injuries from which he died. No . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 July 2022; Ref: scu.228482