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R v (1) Peter Fury (senior) (2) Peter Fury (junior)

Convictions for manslaughter and affray were unsafe where the judge’s summing up was flawed, particularly where there was no explanation as to how the prosecution put its case, there was no summary of the evidence on which the jury could properly rely in order to convict the accused, and the trial judge had failed to direct the jury that it had to be sure that witnesses who described the attack on the victim were credible.

9 June 2006

The first appellant (F) appealed against his sentence of four years’ imprisonment for assault occasioning actual bodily harm and a three year concurrent term for affray, and the second appellant (J) appealed against his conviction for manslaughter and affray. The prosecution’s case was that members of J’s family had attacked the victim (S) and caused his death by serious violence. It was also alleged that F had assaulted S's father by squirting ammonia on him, which caused temporary damage to his right eye. J admitted that he had struck a punch to S’s jaw. A pathologist identified two particular injuries to S’s head and gave evidence that the use of a chair as a weapon was consistent with those injuries and was likely to have caused S’s death. The trial judge directed the jury in relation to murder, joint enterprise and manslaughter. The jury then asked the question whether, if at the time J’s brother (B) inflicted a fatal blow on a victim with the intention of killing...

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