Powar & Anor, R. v, Court of Appeal - Criminal Division, March 25, 2009, [2009] EWCA Crim 594
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Powar & Anor, R. v, Court of Appeal - Criminal Division, March 25, 2009, [2009] EWCA Crim 594
Neutral Citation Number: [2009] EWCA Crim 594
Case No: 200801445 C1, 200801446 C1IN THE SUPREME COURT OF JUDICATURECOURT OF APPEAL (CRIMINAL DIVISION)Royal Courts of JusticeStrand, London, WC2A 2LLDate: 25/03/2009Before:LADY JUSTICE HALLETT DBEMR. JUSTICE OPENSHAWandHIS HONOUR JUDGE GILBERT QC (SITTING AS A JUDGE IN THE COURT OF APPEAL CRIMINAL DIVISION)- - - - - - - - - - - - - - - - - - - - -Between:- - - - - - - - - - - - - - - - - - - - -(Transcript of the Handed Down Judgment ofWordWave International LimitedA Merrill Communications Company190 Fleet Street, London EC4A 2AGTel No: 020 7404 1400, Fax No: 020 7831 8838Official Shorthand Writers to the Court)- - - - - - - - - - - - - - - - - - - - -Mr. E. Brown QC & Mr. M. Aldred Counsel for the RespondentMr. M. Ivers Counsel for the Appellant Harbinder Singh POWARMr. D. C. L. Etherington QC Counsel for the Appellant Kulwinder Singh POWARHearing dates: 25th March 2009- - - - - - - - - - - - - - - - - - - - -JudgmentThe Honourable Mr. Justice OPENSHAW: Introduction 1. On 6th February 2008 at the Central Criminal Court after a trial before Her Hon. Judge Goddard QC and a jury, the appellants Harbinder Powar (whom we shall call Harbinder) and his elder brother Kulwinder Powar (whom we shall call Kulwinder) were convicted (both by a majority of 10 to 2) of the murder of Rakesh Raithatha on count 1. The jury were unable to reach a verdict on count 2 charging them jointly with causing grievous bodily harm to Satpreet Deol with intent to do him grievous bodily harm, contrary to section 18 of the Offences against the Person Act 1861 and on count 3 with the lesser alternative of unlawful wounding, contrary to section 20; these counts were ordered to lie on the file on the usual terms. Harbinder was acquitted on count 4 of the robbery of Satpreet Deol. A co-accused, Imran Awan, was acquitted of murder and robbery (counts 1 and 4).2. On 18th February 2008 both were sentenced to imprisonment for life; with a minimum term specified of 15 years for Harbinder and 16 years for Kulwinder, less the time which each had spent in custody. 3. Both now appeal against conviction by the leave of the single judge, limited to grounds 1 to 4. Harbinder also renews his applications for leave to appeal against conviction in respect of Ground 5 and for leave to appeal against sentence.4. The facts are as follows: on the evening of 24th January 2007, Rakesh Raithatha sustained fatal head injuries in an incident that occurred outside 27 Tilney Road, Southall, where the appellants lived with their parents. There was a background to the incident. It was the prosecution case that on the evening of 22nd January 2007 a young man Satpreet Deol was robbed of an iPod and £40 cash. He claimed to recognise Harbinder as one of the two robbers. He did not inform the police of the robbery but instead he enlisted the help of his friends to recover his property. 5. On the morning of the 23rd, three of these friends: Rakesh Raithatha, together with Earl Augustus and Wayne Andrews drove to the appellants' home in Augustus's red Peugeot. Rakesh Raithatha spoke to Kulwinder about the robbery, no property was recovered and the three friends left. The reality is that, having failed to recover the ...See the full content of this document
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