R v ARU & Ors
[2024] EWCA Crim 1101
R v Jack Davies
8 March 2024
[2024] EWCA Crim 275
Court of Appeal
Jack Davies was found guilty of manslaughter for his role in a fatal stabbing. Even though he didn't stab the victim, the court said he encouraged the attack by being present, helping move the getaway car, and running to join the others during the attack. They felt there was enough evidence to prove he knew a knife was involved. His 11-year sentence was upheld.
Key Facts
- •Jack Davies was convicted of manslaughter for his involvement in the death of Bartosz Wyrzykowski.
- •The incident involved a group altercation, starting at a roundabout and continuing down Lionel Road.
- •Annan stabbed Bartosz, while Davies' involvement was as a secondary party.
- •CCTV footage captured parts of the events, showing Davies' actions before and after the stabbing.
- •Davies was 19 at the time of the killing and sentenced to 11 years' detention in a young offender institution.
- •The appeal challenged both the conviction and sentence.
Legal Principles
Presence alone is insufficient for a conviction of joint enterprise; encouragement at the time of the offence is required.
Case law cited within the judgment, though not explicitly named.
Adverse inferences can be drawn from a defendant's silence at trial.
Case law implied.
Sentencing guidelines for manslaughter (Category B2) consider culpability and aggravating factors.
Sentencing Council Guidelines for Manslaughter
Outcomes
Appeal against conviction refused.
Sufficient evidence existed for the jury to infer Davies' participation in the attack, including his presence at the initial confrontation, moving the car, and running to rejoin the group attacking Bartosz. The judge's interpretation of the evidence, including CCTV and witness testimonies, was deemed justifiable.
Appeal against sentence refused.
The judge's categorization of the offence as Category B2 manslaughter, with the resulting sentence of 11 years, was deemed appropriate given Davies' active participation and awareness of Annan's possession of a knife. Although one aggravating factor (providing a safe house) was not fully supported, the other aggravating factors (group activity and location) justified the sentence.