Case note
Murder charges dismissed at trial
Two of five men charged with murder. Neither murder charge reached the jury, and neither ended in a conviction.
- Court
- High Court
- Counsel
- M W Ryan, with G Duff; S L McColgan, with Q Duff
- Charges
- MurderManslaughter (as the alternative left to the jury)
- Outcome
- Murder discharged; manslaughter: one acquitted, the other's charge dismissed
Mātai counsel acted for two of the five: G Duff for the father, led by M W Ryan, and Q Duff for one of the sons, led by S L McColgan.
What happened
Five men went to a rural address late at night, and a man there was fatally assaulted. All five were charged with murder. At the end of the prosecution case, the Judge discharged a father and his two sons on the murder charge, and left only manslaughter to the jury. The jury found both sons not guilty of manslaughter, and could not agree on the father. The prosecution then decided not to seek a retrial, and the charge against him was dismissed. The two other men were convicted of manslaughter.
The point worth pausing on
Where several people are charged as parties to a common plan, the prosecution must prove each one knew a reckless killing was a probable consequence of it: something that could well happen. The Judge accepted there was evidence of an agreed beating. But no weapons were taken, not everyone joined in, and the father called the attack to a stop after about 20 seconds.
On that evidence no properly directed jury could find the three knew a killing could well happen, so they were discharged on murder under s 147 of the Criminal Procedure Act 2011. On manslaughter the jury acquitted both sons and could not agree on the father. The prosecution then accepted there was insufficient evidence on which a properly directed jury could find him guilty, and the charge was dismissed.
Five people may be charged together, but each is tried on the evidence against them alone.