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England and Wales Court of Appeal (Criminal Division) Decisions


You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Carey & Ors, R v [2006] EWCA Crim 604 (8 March 2006)
URL: http://www.bailii.org/ew/cases/EWCA/Crim/2006/604.html
Cite as: [2006] EWCA Crim 604

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Neutral Citation Number: [2006] EWCA Crim 604
No: 2005/5620/B3, 2005/5621/B3, 2005/5818/B3

IN THE COURT OF APPEAL
CRIMINAL DIVISION

Royal Courts of Justice
Strand
London, WC2
Wednesday, 8 March 2006

B e f o r e :

LORD JUSTICE DYSON
MR JUSTICE TOMLINSON
MR JUSTICE ANDREW SMITH

____________________

R E G I N A
-v-
CLAIRE CAREY
SINEAD COYLE
KELLY FOSTER

____________________

Computer Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)

____________________

THERE WERE NO ATTENDANCES BY COUNSEL
____________________

____________________

Crown Copyright ©

  1. LORD JUSTICE DYSON: In this case we certify a point of law of general public importance in these terms:
  2. "If in the course of an affray a person uses unlawful violence amounting to an assault and that assault is the only act that all sober and reasonable people would inevitably recognise must subject the victim to the risk of some harm resulting therefrom, and if the victim dies as a result of the affray but not as a result of the assault, is anyone who is guilty of the affray also guilty of manslaughter, whether or not he was party to the assault?"

    But we refuse leave to appeal to the House of Lords.

  3. We grant representation orders for Queen's Counsel, junior counsel and solicitors, if leave to appeal is granted by their Lordships' House, to jointly represent the appellants.


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URL: http://www.bailii.org/ew/cases/EWCA/Crim/2006/604.html