Dale Brook, led by Chambers Door Tenant Peter Moulson KC, Stephen Robinson (led by Alistair MacDonald KC) and Michael Forrest have recently successfully defended 3 defendants alleged to have committed offences of manslaughter and violent disorder arising out of the sad death of a young man in Hull on 24th March 2023.
The prosecution alleged that on the evening of Friday 24th March the 3 defendants (and 5 others) had been part of a group who had gone into Hull town centre to locate and attack another group of young men with whom there had been a confrontation earlier that night. During a fight that then took place in the town centre, with the opposing group essentially being attacked by the group containing the defendants, one of the defendants’ group, “T” had stabbed the deceased once to the heart. It was accepted by the prosecution that no other member of the defendant group had known about “T” taking a knife to the scene. However, the prosecution alleged that the defendant represented by Mr Moulson KC and Mr Brook and the one represented by Mr Robinson (along with 4 co-defendants) had intentionally encouraged or intentionally assisted “T” in using unlawful force on the deceased and had also intended that he be caused some harm, this being based upon their actions in joining in the attack on the other group.
The defendant represented by Mr Forrest faced an allegation of violent disorder only; while he had not taken part in any fighting he was alleged to have encouraged the use or threat of unlawful violence by his group by adding to the force of numbers of the others who had been looking for the opposing group.
On behalf of those charged with manslaughter it was successfully argued that the unusual issue of “Overwhelming Supervening Event” ought to be left to the jury. They therefore had to consider whether the actions of “T”, a man with no previous convictions for weapon related offending, in unexpectedly picking up a knife from the address he had been at before the group’s journey into the town centre had been an overwhelming supervening act that nobody in any of the defendants’ shoes might have contemplated.
After a trial lasting some 6 weeks at Hull Crown Court “T” was convicted of murder. However, the defendants represented by Mr Moulson KC and Mr Brook, and Mr Robinson, were acquitted of manslaughter. Mr Forrest successfully secured an acquittal on the charge of violent disorder for his defendant.