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December 6, 2016

Defendant 2, represented by Ignatius Hughes QC, had handed a fully loaded sawn-off pump action shotgun to Defendant 1, his brother.

Defendant 1 then within seconds shot a man dead in front of his wife, sons and granddaughter. He fired another shot at one of the sons who survived. Defendant 1 was convicted of murder and attempted murder.

Defendant 2 was acquitted of murder and attempted murder, and convicted of manslaughter.

The case involved difficult issues of law, despite (or because of) the decision in Jogee.

Under the pre-existing law, convictions for murder and attempted murder would have been almost inevitable.

Ignatius Hughes QC did not call Defendant 2 to give evidence, a bold decision, but one which, calculatedly, made it difficult for the jury to identify the required specific intent in the mind of the secondary party, Defendant 2.