R v Gnango [2011]


  • ‘Bandanaman’ and Gnango had a street fight with guns
  • Bandanaman fired first and Gnango returned fire
  • Bandanaman’s next shot hit a passer-by, causing death
  • Bandanaman could not be found


  • Could Gnango have caused the death (murder) of the passer-by?


  • Yes


  • As it was foreseeable that the passer-by might be hit, Gnango was an accessory to the murder, which was in fact committed by Bandanaman
  • Lord Kerr dissented, saying that it is highly questionable that Gnango caused Bandanaman to shoot at him, choosing to analyse the case in terms of supervening events as opposed to the majority’s redefinition of accessory liability (which reverses the natural meaning of the Public Order Act 1986, section 3)
  • Gnango was arguably party to his own attempted murder
  • Death cannot be consented to
RELATED CASE  R v McNally [2013]

Posted in Criminal Law Revision Notes.

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