R v Anthony Reid
[2024] EWCA Crim 308
R v Bobby George Nethercott
23 February 2023
[2023] EWCA Crim 248
Court of Appeal
A man was convicted of manslaughter and assault. The manslaughter conviction was overturned because the judge made a mistake in explaining the evidence to the jury. His assault convictions stayed, but he'll have another trial for manslaughter.
Key Facts
- •Bobby George Nethercott was convicted of manslaughter and two counts of assault occasioning actual bodily harm following a trial at Chelmsford Crown Court.
- •The charges stemmed from a violent incident at a party where Nethercott allegedly punched several people, resulting in the death of Michelle Cooper.
- •Nethercott's defense was self-defense.
- •The prosecution presented evidence from witnesses and a forensic pathologist, Dr. Cieka.
- •Bad character evidence of two previous assault convictions was admitted.
- •The murder charge was withdrawn, and Nethercott was acquitted on two assault charges but convicted on manslaughter and two other assault charges.
- •Nethercott appealed his conviction, raising multiple grounds including the admissibility of bad character evidence, the judge's summing-up, and the sentence.
Legal Principles
Admissibility of bad character evidence under section 101(1)(d) of the Criminal Justice Act 2003.
Criminal Justice Act 2003
Standard of proof for self-defense.
Common Law
Section 76 of the Criminal Justice and Immigration Act 2008 regarding the householder defense.
Criminal Justice and Immigration Act 2008
Interpretation of Section 76 of the Criminal Justice and Immigration Act 2008 as clarified in R on the application of Collins v Secretary of State for Justice and R v Ray.
R on the application of Collins v Secretary of State for Justice [2016] EWHC 33 Admin, [2016] QB 862 and R v Ray [2017] EWCA Crim 1391, [2018] QB 948
The judge's duty to provide clear and accurate directions to the jury, and the advantages of written directions as highlighted in R v BQC [2021] EWCA Crim 1944.
R v BQC [2021] EWCA Crim 1944
Sentencing guidelines for unlawful act manslaughter.
Sentencing Council's definitive guideline for offences of unlawful act manslaughter
Outcomes
Appeal against conviction on count 6 (manslaughter) allowed; conviction quashed.
The judge's summing-up misrepresented key medical evidence, creating a risk of an unsafe conviction.
Appeals against convictions on counts 2 and 3 (assault) dismissed.
The other grounds of appeal were deemed not arguable.
Application for leave to appeal against sentence dismissed.
The sentence was not manifestly excessive.
Retrial ordered for count 6 (manslaughter).
In the interests of justice given the central role of the allegation and death of Michelle Cooper.