No: 2005/5620/B3, 2005/5621/B3, 2005/5818/B3 
Neutral Citation Number: [2006] EWCA Crim 604
IN THE COURT OF APPEAL 
CRIMINAL DIVISION 
Royal Courts of Justice
Strand
London, WC2 

Wednesday, 8 March 2006
 
B E F O R E:

LORD JUSTICE DYSON 

MR JUSTICE TOMLINSON 
 
MR JUSTICE ANDREW SMITH 

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R E G I N A 

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CLAIRE CAREY
SINEAD COYLE 
KELLY FOSTER 
 
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THERE WERE NO ATTENDANCES BY COUNSEL
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 HOUSE OF LORDS PRONOUNCEMENT
1.	LORD JUSTICE DYSON:  In this case we certify a point of law of general public importance in these terms: 
"If in the course of an affray a person uses unlawful violence amounting to an assault and that assault is the only act that all sober and reasonable people would inevitably recognise must subject the victim to the risk of some harm resulting therefrom, and if the victim dies as a result of the affray but not as a result of the assault, is anyone who is guilty of the affray also guilty of manslaughter, whether or not he was party to the assault?"
But we refuse leave to appeal to the House of Lords.  
2.	We grant representation orders for Queen's Counsel, junior counsel and solicitors, if leave to appeal is granted by their Lordships' House, to jointly represent the appellants.