R v Spinks
| Jurisdiction | England & Wales |
| Judge | MR. JUSTICE KILNER BROWN,MR. JUSTICE RUSSELL |
| Judgment Date | 16 December 1981 |
| Judgment citation (vLex) | [1981] EWCA Crim J1216-1 |
| Court | Court of Appeal (Criminal Division) |
| Docket Number | No. 1249/C/81 |
| Date | 16 December 1981 |
[1981] EWCA Crim J1216-1
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Royal Courts of Justice
Lord Justice Watkins
Mr. Justice Kilner Brown
and
Mr. Justice Russell
No. 1249/C/81
MR. M. SHERBOURN appeared on behalf of the Appellant.
MR. JOHN BEVAN appeared on behalf of the Crown.
This judgment, which Mr. Justice Russell will now deliver in the absence of Lord Justice Watkins, is given as the judgment of the Court with his approval.
The Appellant Mark Lee Spinks, now 20 years of age, appeals with the leave of the single judge, against his conviction at the Central Criminal Court before Mr. Recorder Irwin Q.C. and a jury on the 3rd March, 1981. He had been indicted together with a youth called Terry James Fairey and a number of other young men. Fairey was convicted, inter alia, of wounding a person unknown with intent to do him grievous bodily harm on the 31st December, 1979. He had earlier pleaded guilty to a count charging him with affray. The Appellant was convicted on the 3rd count in the same indictment. It charged the Appellant with doing an act with intent to impede apprehension or prosecution of another, contrary to Section 4(1) of the Criminal Law Act, 1967. The particulars of offence read as follows: "Mark Lee Spinks on a day between the 30th day of December, 1979 (that is, the day before the wounding) and the 23rd of January, 1980 (that is, the day after the Appellant's arrest) without lawful authority or reasonable excuse did an act, namely concealed a knife, with intent to impede the apprehension or prosecution of Terry James Fairey, that person having then committed the arrestable offence of wounding and he, the said Mark Lee Spinks, then knowing or believing the said Terry James Fairey to be guilty of the said arrestable offence or of some other arrestable offence".
The circumstances of the case can be shortly stated. On New Year's Eve, 1979 Fairey was drinking in a public house in Forest Hill with a number of young people, including the Appellant. Shortly after 11.30 p.m. Fairey heard that there had been some trouble involving one of his friends. He decided to attack those whom he thought were responsible for the trouble. Accompanied by about 20 others Fairey left the public house. The Appellant did not leave the premises. Some of Fairey's friends were armed with bottles and beer cans and Fairey took with him a knife. Nearby, the rival group were attacked in and around a Chinese restaurant. Very serious injuries were inflicted upon a number of people and in particular some received stab wounds. After the affray Fairey returned to the public house. He gave his knife to the Appellant who took it home and hid it. Fairey was arrested on the 18th January, 1981. He admitted to the police that he had been responsible for one of the stabbings and he made a written statement to that effect. The Appellant, upon his arrest, suggested at first that he had thrown the knife away but later he admitted that he had taken the knife to his home and he...
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