Regina v Gnango – WLR Daily

Posted July 29th, 2010 in affray, appeals, joint enterprise, law reports, murder by sally

Regina v Gnango [2010] EWCA Crim 1691; [2010] WLR (D) 201

“Where a defendant voluntarily engaged in an exchange of gunfire with ‘B’ in a public place amounting to an affray, and in the course of that gunfire B shot and killed a passer-by and the defendant foresaw that in the course of that gunfire B might shoot with intent to kill or do really serious injury, if each party sought to shoot the other but not be shot himself, there was no common purpose and therefore no joint enterprise in the commission of the affray, and accordingly the defendant could not be guilty of the murder of the passer-by by transferred malice on the basis of joint enterprise.”

WLR Daily, 28th July 2010


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