[2010] EWCA Crim 1691

Absent a shared purpose to shoot and to be shot at it could not be said that two opponents in a public gunfight shared a common purpose to commit affray. Although it was foreseeable that someone other than the gunmen might be killed, one was not guilty by way of joint enterprise of the murder of a bystander committed by the other during the gunfight.

CA (Crim Div) (Thomas LJ, Hooper LJ, Hughes LJ (V-P), Gross LJ, Hedley J)

26/07/2010