Courtney Georgia Brierley [2019] EWCA Crim 1231

The applicant was convicted of four offences of manslaughter and sentenced to 21 years detention. The case against her was that she had encouraged and assisted her co-accused with full knowledge of their plans to petrol bomb a house. A fire resulted in which four children died. She accepted being aware that petrol had been bought but said she did not know that petrol bombs had been made and did not know of any intention to set fire to anything other than rubbish bins, as had happened on an earlier occasion.

The grounds of appeal against conviction argued that her convictions were inconsistent with other verdicts and contrary to the way the case was conducted. The applicant had admitted knowing that the house was occupied so it was argued it was difficult to see how the jury could have followed the route to verdict and not concluded she was guilty of murder. It was also said to be difficult to see how they could have been sure she assisted or encouraged the throwing of petrol bombs into an occupied house, but not sure that she intended any occupant to suffer serious injury.

Held: the convictions for manslaughter can readily be explained on the basis identified by the judge when he came to pass sentence, namely that the jury were sure the applicant assisted or encouraged the others to attack the house and knew the house was occupied, but the jury were not sure that she intended anyone in the house to be killed or seriously injured. The renewed application was refused.