Nick Johnson KC successful legal submission in “pre-arranged” knife fight homicide case

October 29, 2024

Leeds Head of Crime Nick Johnson KC, leading Brendan O’Leary of Lincoln House Chambers and instructed by Angela Taylor Solicitors, has successfully argued that there was no case to answer in a murder/manslaughter and violent disorder case listed before the Recorder of Manchester.

In March this year, rival groups of drug dealers in the Whitefield area had engaged in a knife fight in a residential area, with one member losing his life when a wound severed an artery in his arm. The prosecution brought murder and manslaughter charges against the entire group, relying upon a particular type of joint enterprise liability analogous to an illegal prize fight or duel. They argued, whether it was pre-planned or formed spontaneously as the two groups walked towards each other, each member agreed to fight with knives and, as such, each were liable for the death of one of those involved.

Together with others, Nick cited the recent authority of the Court of Appeal in R v. ARU, AOC, BHL [2024] EWCA Crim 1101, where Lord Justice Davis held that very clear evidence of an agreement to stab and be stabbed at was required before criminal liability of the type identified by the Supreme Court in R v. Gnango [2011] UKSC 59 could be established. The Recorder found no case to answer for all defendants on the murder and manslaughter charges and, in respect of Nick’s client and one other, no case to answer on the violent disorder charge. After careful consideration, the Crown did not exercise its right to appeal.

Nick prosecutes and defends in serious homicide cases and has a specialism in financial and corporate crime work.