R v Gnango (2012)
R v Gnango, is the leading English criminal law case on the interaction of joint enterprise, transferred malice, and exemption from criminal liability where a party to what would normally be a crime is the victim of it. The Supreme Court held, restoring Gnango’s conviction for the murder of Magda Pniewska, that he was guilty or murse not with standing the fact that he had not fired the shot which killed Magnda during the shoot out which led to her death, and that the fatal shot was by his opponent in an attempt to kill him. The judgement of the supreme court has been criticised over the extent to which it was designed to mollify public opinion, and in the context of ongoing debates over the nature of the doctrine of joint enterprise.
Facts
At approximatly 6.20 on the 2nd of october 2007, a 26 year old Polish care worker Magda, was making her way home from her place of work at manley Court, a care home run by Bupa in New Cross which is in South East London. While talking to her sister in Poland on her mobile, she was killed by a single shot to the head. She had been caught in the cross fire betweeen to gunmen in the car park she was crossing through, and died outside Stunnel House in John Williams Close. The two gunmen in question were seventeen-year-old Armel Gnango and “bandana man”. The apparent casue of the gunfight was a debt that was less than £100. Scientific examination demonstrated that "Bandana man", not Gnango, had fired the fatal shot. After Magda was shot, both Gnango and "Bandana man" fled the scene. The killing was widely reported in the media as an example of a "Wild west" shoot out
Outcome
Gnango appealed against his conviction for the murder of Magda and made a renewed application for leave to appeal against the minimum terms of the senteces Imposed upon him for the attempted muder of “bandana man” and possession of a