“Participant in gunfight liable for murder when opponent kills bystander”
Gnango engaged in a gunfight with 'Bandana Man' in a public place. Bandana Man accidentally shot and killed an innocent passerby while aiming at Gnango. Gnango was charged with the murder of the bystander despite not firing the fatal shot.
Whether a participant in a gunfight could be liable for murder when his opponent accidentally killed a bystander, and whether Gnango could be both principal and accessory to the same crime.
The Supreme Court upheld the murder conviction by a majority. Gnango was liable for the bystander's murder through joint enterprise principles.
This case represents a controversial extension of joint enterprise principles and demonstrates the broad scope of accessory liability in English law. It's particularly significant for understanding how joint enterprise operates in cases involving unintended victims and remains important for both criminal law theory and practice.
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OSCOLA Citation
R v Gnango [2011] UKSC 59
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