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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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CRIMINAL DIVISION
Strand London, WC2 |
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B e f o r e :
MR JUSTICE TOMLINSON
MR JUSTICE ANDREW SMITH
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| R E G I N A | ||
| -v- | ||
| CLAIRE CAREY | ||
| SINEAD COYLE | ||
| KELLY FOSTER |
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- LORD JUSTICE DYSON: In this case we certify a point of law of general public importance in these terms:
- 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.
"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.