martin_rCACD10
References: [2010] EWCA Crim 1450, [2010] 1 Cr App R (S) 38
Links: Bailii
Coram: Hooper LJ, Gross, Moss QC JJ
Ratio: The defendant had been a passenger on a car driven by a learner driver. The car crashed killing the driver and seriously injuring another. He appealed against his conviction for aiding and abetting dangerous driving.
Held: The appeal succeeded. A serious contributory factor was an over inflation of a tyre of which the defendant could not have known, and nor could the jury have accepted that the driver had been racing, when he was driving under the speed limit. The recorder’s directions to the jury had been inadequate, and the court could not see how a jury properly directed on a retrial could safely convict the defendant. No retrial was ordered.
Jurisdiction: England and Wales
This case cites:
- Cited – Regina v Powell (Anthony) and Another; Regina v English HL (Times 31-Oct-97, House of Lords, Bailii, [1997] UKHL 45, [1997] 4 All ER 545, [1999] AC 1, [1997] 3 WLR 959, [1998] Crim LR 48, [1998] 1 Cr App Rep 261, Bailii, [1997] UKHL 57)
When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point . . - Cited – Webster v Regina CACD (Bailii, [2006] EWCA Crim 415, Times 15-Mar-06)
The appellant challenged his conviction for aiding an abetting the causing of death by dangerous driving as a passenger. The driver had been drunk.
Held: The mere intoxication of the driver was not of itself and alone sufficient to establish . .
(This list may be incomplete)
This case is cited by:
- Cited – Adeojo and Another v Regina CACD (Bailii, [2013] EWCA Crim 41)
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used.
Held: The appeals failed. The judge had . .
(This list may be incomplete)
Last Update: 21 December 2018
Ref: 420235
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