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Criminal law – Murder. The deceased was killed as a consequence of a fight involving both defendants, C and P. It was the prosecution case that it had been a joint enterprise attack. The expert pathologist was unable to rule out the possibility that the first blow, administered by C, had caused the fatal brain injury. The Court of Appeal, Criminal Division, quashed the defendants' convictions for murder, in circumstances where P had been some distance away when the first blow was struck and a reasonable jury, properly directed could not have been sure that there had already been in place the necessary joint enterprise and the necessary intent.
Criminal law – Murder. The deceased was killed as a consequence of a fight involving both defendants, C and P. It was the prosecution case that it had been a joint enterprise attack. The expert pathologist was unable to rule out the possibility that the first blow, administered by C, had caused the fatal brain injury. The Court of Appeal, Criminal Division, quashed the defendants' convictions for murder, in circumstances where P had been some distance away when the first blow was struck and a reasonable jury, properly directed could not have been sure that there had already been in place the necessary joint enterprise and the necessary intent.
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