Umar Azmeh Comments On Overwhelming Supervening Act: R V Grant [2021] EWCA Crim 1243 In The Criminal Law Review

• Published date: 18 February 2022
• Subject Matter: Litigation, Mediation & Arbitration, Criminal Law, Trials & Appeals & Compensation, Crime
• Law Firm: BCL Solicitors LLP
• Author: Mr Umar Azmeh

BCL associate Umar Azmeh's case comment on Overwhelming supervening act: R v Grant (Tony Lee) [2021] EWCA Crim. 1243 has been published in the latest edition of the Criminal Law Review.

*Here is a short extract from the article:

The February 2022 edition of Criminal Law Review carries Umar Azmeh's case comment on R v Grant (Tony Lee) [2021] EWCA Crim. 1243 which concerned the question of whether the trial judge erred in refusing to give the jury a direction on a potential overwhelming supervening act where the principal's act of using his car to run over and kill the victim departed from the agreed plan between the principal and Grant to attack the victim and cause grievous bodily harm.

Having gone in a vehicle to find the victim, and with Grant in the front passenger seat - the plan being to set upon the victim with weapons - the principal drove the car into the victim, killing him instantly. It was argued at trial that the principal's action of driving the car into the victim and killing him was such a departure from the agreed plan, which was to inflict grievous bodily harm upon the victim using weapons carried in the car, that it ought to constitute an overwhelming supervening act therefore leaving it open to the jury to find Grant guilty of manslaughter rather than murder. The judge was unimpressed...