R v Auriol Grey
[2024] EWCA Crim 487
R v Andrew Claydon
8 February 2023
[2022] EWCA Crim 134
Court of Appeal
A man was convicted of murder for assaulting another man, who died from head injuries. The man appealed, saying the judge wrongly said that even if he only meant to hurt the victim's arm (not the head), it could still be murder. The court said the judge was right because the main question was whether the man *intended* serious harm, not exactly *how* he caused it. So the appeal failed.
Key Facts
- •Andrew Claydon assaulted Matthew Pearson, causing traumatic brain injury leading to Pearson's death.
- •Claydon pleaded guilty to manslaughter but was convicted of murder by a jury.
- •The assault involved Claydon punching Pearson, throwing him to the ground, and potentially stamping on his head or arm.
- •CCTV footage was blurry but showed the assault.
- •A witness, David Fleming, claimed to have seen Claydon stamp on Pearson's head.
- •The cause of death was blunt force trauma to the head, but there was debate about whether a stamp to the head or the fall caused the fatal injury.
- •Claydon denied stamping on Pearson's head, claiming he aimed for his arm which was in a plaster cast.
- •The central issue was whether Claydon intended to cause really serious injury.
Legal Principles
Murder requires proof that the defendant unlawfully assaulted the victim, the assault was a substantial cause of death, and the defendant intended to kill or cause really serious harm.
Judge's directions to the jury
The actus reus (guilty act) and mens rea (guilty mind) are separate considerations in determining guilt.
Court of Appeal judgment
Outcomes
Appeal against conviction dismissed.
The Court of Appeal found that the judge's directions to the jury were not erroneous. The central dispute concerned the appellant's intent (mens rea), not whether the assault caused death (actus reus), which was admitted. The judge's comments on the potential stamp to the arm were within the context of assessing intent. The jury's verdict was deemed safe.