Rashford, R v, Court of Appeal - Criminal Division, December 13, 2005, [2005] EWCA Crim 3377

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Rashford, R v, Court of Appeal - Criminal Division, December 13, 2005, [2005] EWCA Crim 3377

SMITH BERNAL WORDWAVE

No: 2004/4818/B3

Neutral Citation Number: [2005] EWCA Crim 3377

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2

Tuesday, 13 December 2005

B E F O R E:

LORD JUSTICE DYSON

MR JUSTICE TOMLINSON

MR JUSTICE ANDREW SMITH

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R E G I N A

-v-

NICHOLAS RASHFORD

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Computer Aided Transcript of the Stenograph Notes of

Smith Bernal Wordwave Limited

190 Fleet Street London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

(Official Shorthand Writers to the Court)

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MR R MARKS QC AND MR B MYERS appeared on behalf of the APPELLANT

MR M CHAMBERS QC AND MR M LEWIS-JONES appeared on behalf of the CROWN

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J U D G M E N T1. LORD JUSTICE DYSON: On 22nd July 2004 the appellant was convicted by a majority of 10 to 2 of the murder of Alex Doyle. Speeches and evidence occupied four days of court time. The jury considered their verdict over a period of two days. He was sentenced to custody for life with a minimum recommended term of fifteen-and-a-half years.

2. The appellant was born on 21st July 1985. He appeals against conviction on ground 1 by the leave of the single judge and renews his application for leave to appeal against conviction on grounds 3 and 4 following refusal by the single judge. He also renews his application for leave to appeal against sentence following refusal of leave by the single judge.

3. The first ground of appeal concerns the direction given by the trial judge in relation to self-defence. It was not in dispute that the deceased died at about 11.30pm on 13th February 2004 in Wilmslow. He died as a result of a wound from a knife which penetrated his heart. Nor was it disputed that it was the appellant who stabbed the deceased. His principal defence was accident, but alternatively self-defence.

4. It was the prosecution case that the appellant went to Wilmslow from Wythenshawe carrying the knife because he wanted t...

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