R v AWQ
[2024] EWCA Crim 898
R v A.I.Q
27 June 2024
[2024] EWCA Crim 1097
Court of Appeal
AIQ drove two burglars to a crime. One burglar pleaded guilty to a lesser charge, causing the judge to dismiss the case against AIQ. The appeals court disagreed, saying AIQ could still be guilty even if the other burglar was not, and ordered a new trial.
Key Facts
- •AIQ was charged with aggravated burglary (count 1) and burglary (count 2), jointly with G and M.
- •AIQ admitted driving G and M to and from the scene but denied knowledge of the burglary.
- •G pleaded guilty to burglary and assault, not aggravated burglary.
- •M pleaded guilty to aggravated burglary.
- •The prosecution's case against AIQ was circumstantial, relying on text messages and inferences.
- •The trial judge ruled there was no case to answer on count 1 (aggravated burglary).
- •The prosecution appealed this ruling.
Legal Principles
A secondary offender may be convicted even if the principal offender is acquitted or convicted of a lesser offence.
Hui Chi-ming v The Queen [1992] 1 AC 34
The acceptance of lesser pleas by the prosecution does not necessarily concede insufficient evidence to prove the more serious offence.
This case
Section 74 of the Police and Criminal Evidence Act 1984 allows the prosecution to rely on M's guilty plea as evidence that aggravated burglary was committed.
This case
The Court of Appeal can reverse a ruling if it was wrong in law, involved an error of law or principle, or was unreasonable.
Sections 67 and 61 of the Criminal Justice Act 2003
Outcomes
The Court of Appeal reversed the trial judge's ruling.
The judge erred by considering G's lesser plea as evidence of insufficient evidence against AIQ, failing to apply the principles in Hui Chi-ming, and misinterpreting the admissibility of evidence. Sufficient evidence existed for a jury to infer AIQ's knowledge of the weapons.
A retrial was ordered for count 1 (aggravated burglary).
The Court of Appeal found sufficient evidence to support a conviction for aggravated burglary against AIQ.
The retrial will be before a different judge in a different court.
Common practice in appeals under section 58 of the Criminal Justice Act 2003.