Andre Johnson-Haynes [2019] EWCA Crim 1217

In 2009 the appellant was one of 7 convicted of murder and was ordered to be detained at HM pleasure with a minimum term of 11 years. The appellant appealed against conviction upon a reference by the Criminal Cases Review Commission under s9 of the Criminal Appeal Act 1995. The grounds for the reference were the change in the law of joint enterprise and that the judge’s directions on the necessary intent to prove murder were therefore flawed.

Held: the grounds for the reference focussed too much on what was described as the ‘paramount importance’ of the jury’s questions and the fact this was a majority verdict. The focus for the CCRC’s should have been on the jury’s ultimate verdicts in light of the judge’s directions and the findings of fact that flowed from those verdicts. The application for exceptional leave was rejected and the appeal dismissed.