[2010] EWCA Crim 1859

Convictions for murder by joint enterprise were safe even though the judge ought to have left an alternative verdict of causing grievous bodily harm with intent to the jury. The risk identified in R. v Coutts (Graham James) [2006] UKHL 39, [2006] 1 W.L.R. 2154 had been explicitly confronted at various stages of the trial, the jury had an alternative verdict of manslaughter available, and the evidence of a joint attack and common enterprise was strong.

CA (Crim Div) (Hughes LJ, McCombe J, Griffith Williams J, Maddison J, Sweeney J)


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