Terry Gardener & Ryan Glyn v. Her Majesty's Advocate [2009] HCJAC 92

Criminal Note of Appeal Against Conviction:- On 16 June 2008 the appellants were found guilty by a majority verdict of a charge of assault to injury and permanent disfigurment by the use of a knife. Both appellants appealed against their conviction on the ground that the sheriff misdirected the jury on the doctrine of concert. In her address to the jury, the procurator fiscal depute sought convictions against both accused solely on the basis of joint criminal responsibility. In her charge to the jury the sheriff stated that the option of convicting one or other appellant on the basis of individual responsibility was not open to them. On behalf of the appellants its was submitted that the jury should have been directed that, if they were not satisfied that there had been a concerted attack upon the complainer, a separate verdict could be returned in respect of each appellant. Here the court considered whether, in the particular circumstances of the case, the sheriff should have directed the jury on the issue of individual responsibility and whether the absence of such a direction was unfair or confusing for the jury and resulted in a miscarriage of justice.