Ratio Decidendi
Where two parties voluntarily engage in a gunfight and an innocent bystander is killed by one party's shot, both can be convicted of murder. The surviving shooter is guilty as a secondary party.
Facts
Gnango and an unknown man had a gunfight in a car park. A bullet from the other man's gun killed a passerby.
Judgment Summary
The Supreme Court held (6-1) that Gnango was guilty of murder as a secondary party. By engaging in the shootout, he encouraged and assisted the other gunman's act.
Key Quotes
"Where two persons voluntarily engage in fighting each other, each intending to kill or cause grievous bodily harm, and a bystander is killed by a shot fired by one, the other is guilty of murder."
— Lord Phillips and Lord Judge
Subsequent Treatment
Good law
Important authority on secondary liability in violent confrontations.