ON APPEAL FROM HER MAJESTY'S ATTORNEY GENERAL
His Honour Judge Keen QC
T20127369
Strand, London, WC2A 2LL |
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B e f o r e :
MR JUSTICE KEITH
and
HIS HONOUR JUDGE GOSS QC
(SITTING AS A JUDGE OF THE COURT OF APPEAL CRIMINAL DIVISION)
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JORDAN SHEARD |
Respondent |
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REGINA |
Appellant |
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Andrew Smith MBE TD (instructed by P&R Howard Solicitors) for the Respondent
Hearing date: 6th June 2013
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Crown Copyright ©
Lady Justice Rafferty:
i) Steven had invited JS to the party earlier that day;
ii) Two others had been causing damage in Steven's bedroom. JS went in to stop them. Once inside he had seen a hammer and picked it up to remove it from harm's way;
iii) He had freely involved himself in what he saw as "good-natured horseplay." He and others had sprayed Steven with shaving foam and written on his body. References to Steven's sexuality had been part of this horseplay. Steven had been enjoying himself and had gone along with it;
iv) Others had egged on JS into lighting the cigarette lighter. He had not given any thought to the consequences. The risk of injury would have been obvious to anyone sober;
v) He had tried to extinguish the flames and burnt his hands in the process;
vi) He ran away in panic and soon returned.
The Crown did not accept (iii) and (iv). It was necessary to resolve the question of bullying/horseplay and whether JS had been encouraged to act as he did. It was agreed with the defence that a Newton hearing ("a Newton") could be conducted on the papers and it was listed on 21st March 2013.
Aggravating features for which the Attorney General argues.
Mitigating features conceded by the Attorney General.
Developed arguments advanced before us
The Ruling
The authorities
Discussion and conclusion