CPS Mersey-Cheshire statement

21/12/2012

R v McCaig and other

Janet Potter, District Crown Prosecutor for CPS Mersey-Cheshire, said: "The defendants in this case were originally charged with two offences of attempted murder and robbery.

"We instructed counsel to prosecute the case and, as is our duty, we kept the case under constant review to ensure the strongest case possible was put before the court.

"In law, and in order to prove an offence of attempted murder, the Crown must prove beyond reasonable doubt that there was specific intent to kill.

"There can be no doubt that the attacks on both victims involved acts of extreme violence. It was our conclusion however that it could not be argued to the degree necessary that the intent to kill was present.

"The prosecution team in consultation with investigating officers in the case therefore decided that there was no realistic prospect of conviction against either defendant for attempted murder.

"Instead we decided to proceed on two offences of causing grievous bodily harm with intent contrary to section 18 of the Offences Against the Person Act. This is the most serious offence of violence short of attempted murder and carries the maximum sentence of life imprisonment.

"This provided us with the strongest case possible to put before the court. I met with the families of both victims to explain this decision in person."

The defendants pleaded guilty to all offences and will be sentenced on 8 February 2013 at Liverpool Crown Court.

End

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