Guy Gozem KC leading Rachel White, instructed by Angela Taylor Solicitors, represented a youth who was charged with murder, manslaughter, violent disorder, and possession of an offensive weapon.
Brendan O’Leary, led by Nick Johnson KC, also instructed by Angela Taylor Solicitors, represented SB who was charged with manslaughter, violent disorder, and possession of an offensive weapon.
In a legally complex case, prosecutors alleged that a fight between two rival drug dealing gangs, who were in possession of knives, which resulted in the death of one of the participants in the fight, led to liability for that death by all involved in the fight.
Submissions of no case to answer were made by the defendants at the close of the prosecution case. The submissions of no case to answer utilised recent caselaw from the Court of Appeal (R v ARU EWCA Crim 1101) This important case clarifies the law on liability for death in cases where there is violence between two groups. In particular, where it is alleged the violence is pre-arranged agreed violence, or spontaneous jointly agreed violence.
The rulings by the trial judge at the close of the prosecution case resulted in the counts of murder, manslaughter and violent disorder for these two defendants being withdrawn from the jury and not guilty verdicts recorded.
For more information, or to instruct Guy Gozem KC, Rachel White or Brendan O’Leary please contact, Director of Clerking, David Wright.
To read more follow these links:
https://www.manchestereveningnews.co.uk/news/greater-manchester-news/detectives-react-after-judge-throws-30213651
https://www.judiciary.uk/wp-content/uploads/2024/10/R-v-ARU-and-others-202402744B3.pdf