Carey & Ors, R v

The court did not determine the certified question of law. It certified a question concerning liability for manslaughter arising from an affray, where a victim died as a result of the affray but not from the only assault that inevitably exposed the victim to a risk of harm. It nevertheless refused leave to appeal to the House of Lords.

Following criminal proceedings involving Claire Carey, Sinead Coyle and Kelly Foster, the Court of Appeal (Criminal Division) considered whether to certify a point of law of general public importance and grant leave to appeal to the House of Lords.

The certified question concerned whether all persons guilty of an affray could also be guilty of manslaughter where the victim died as a result of the affray, but not as a result of the sole assault that sober and reasonable people would inevitably recognise as exposing the victim to a risk of harm.

1. The court certified the stated question as a point of law of general public importance.
2. The court refused leave to appeal to the House of Lords. The pronouncement did not answer or determine the certified question.
3. The court granted representation orders for leading counsel, junior counsel and solicitors to represent the appellants jointly if the House of Lords granted leave.

• Court of Appeal (Criminal Division): certified a point of law of general public importance and refused leave to appeal to the House of Lords: [2006] EWCA Crim 604.