[2002] EWCA Crim 1325

Where one count of affray had been laid against two defendants on the basis of joint enterprise and the count alleged three separate incidents where only one of the defendants was alleged to have been involved in each and the incidents were distinct in place, time and circumstance, separate counts should have been proffered. As a matter of law one count could have been laid but that required considerable care in directions to the jury.

CA (Crim Div) (Potter LJ, Rafferty J, Hedley J)

31/05/2002