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CRIMINAL DIVISION
Strand London WC2A 2LL |
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B e f o r e :
LORD JUSTICE HOLROYDE
MR JUSTICE GARNHAM
MRS JUSTICE CHEEMA-GRUBB DBE
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REX | ||
v | ||
BOBBY GEORGE NETHERCOTT |
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Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)
MR W CLEAVER appeared on behalf of the Crown
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Crown Copyright ©
THE VICE-PRESIDENT:
"The findings are of a blow to the side of the face with an accelerated fall onto the back of the right side of the head."
"Q ... All of those injuries are explicable by either a punch or a hard push with say the heel of the hand to the left side of the face leading to a backwards fall and severe impact on the right side of the head on the ground, do you agree?
A: I agree, a blow to the left side of the face and then severe impact to the right side of the head, yes."
"However, members of the jury, the agreed medical evidence is that death resulted from her striking her head on the ground as the result of an accelerated fall caused by a punch to the left jaw. You'll remember the experts gave evidence and said, punch to the left jaw and there is injury consistent with a punch to the left jaw. And the expert evidence was that the likely cause of death was – or that death resulted from striking her head on the ground, as I have said, as a result of an accelerated fall caused by a punch to the left jaw. Punch to the left jaw, hit her head on the right side you've heard, causing the brain injuries that subsequently led to her death."
"I don't think it's necessary.
...
No. It's not that I don't think it's necessary. I'm not going to do it."
"(3) The question whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be, and subsections (4) to (8) also apply in connection with deciding that question.
...
(5A) In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.
(6) In a case other than a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances.
...
(8A) For the purposes of this section 'a householder case' is a case where— (a) the defence concerned is the common law defence of self-defence; (b) the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling …; (c) D is not a trespasser at the time the force is used; and (d) at that time, D believed V to be in, or entering, the building or part as a trespasser."
(The court adjourned for a short time)
a. We allow the appeal against conviction on count 6.
b. We quash that conviction.
c. We order a retrial of count 6.
d. We direct that a fresh indictment be served in accordance with the Criminal Procedure Rules, which require the prosecutor to serve a draft indictment on the Crown Court Officer not more than 28 days after today.
e. We direct that the appellant be rearraigned on the fresh indictment within two months.
f. We see no reason why the retrial should not also take place in the Crown Court at Chelmsford, before a judge to be allocated by the Resident Judge of that court.