R v Bobby George Nethercott
[2023] EWCA Crim 248
R v Keith McCarthy
5 October 2023
[2023] EWCA Crim 1557
Court of Appeal
A man was convicted of murder and other charges. His lawyers want to appeal, arguing the judge made mistakes with evidence and didn't let the jury consider a lesser charge. The appeal court agreed to let them appeal and set a date for the appeal hearing.
Key Facts
- •Keith McCarthy convicted of murder (count 1), causing grievous bodily harm with intent (count 3), causing serious injury by dangerous driving (count 4), and causing death by dangerous driving (count 5).
- •Murder sentence: life imprisonment with a minimum term of 22 years, less 309 days.
- •GBH sentence: 10 years' imprisonment concurrent.
- •Incident involved a fatal car collision resulting from alleged high-speed chase.
- •Appeal concerns admissibility of two prior convictions for offences involving weapons.
- •Appeal also raises potential issue of failure to leave manslaughter to the jury.
- •The appeal was heard on 5 October 2023.
Legal Principles
Admissibility of bad character evidence (prior convictions).
Evidence Act
Legal requirement for mandatory disqualification from driving in certain offences.
Road Traffic Act
The judge's duty to leave a lesser charge (manslaughter) to the jury if there is sufficient evidence.
Common law principles of criminal procedure
Outcomes
Leave to appeal against conviction granted.
Uncertainty surrounding the handling of the driving offences and the admissibility and use of bad character evidence warrant further investigation by the full court.
Application for leave to appeal against sentence adjourned to the full court.
To be considered after the conviction appeal.
Directions given to allow for the formulation and submission of a potential third ground of appeal relating to the failure to leave manslaughter to the jury.
The court noted potential uncertainties about the manslaughter charge's treatment and allowed time for further investigation.
Representation order granted for leading and junior counsel.
Given the seriousness of the case and the work already undertaken.