202401911 B3 - [2025] EWCA Crim 1317

The judge circulated drafts of his legal directions for counsel to consider and make submissions on.

In written submissions on behalf of the appellant dated 3 April 2024, the judge was asked to direct the jury that only D2 could rely upon the bad character evidence relating to the appellant; they could take that evidence into account when considering D2’s case that it was the appellant who had committed the offences and not D2. No other defendant had relied upon that material. The appellant also asked the judge to direct the jury to ignore the bad character evidence when considering the prosecution’s case against the appellant. The judge gave directions as sought by D2, save that, as we set out below, he extended the first direction to include any other defendant running the same case against the appellant. The appellant does not criticise that extension to include other defendants in this appeal.

The judge gave the following written bad character directions in relation to the appellant:

“As a result of cross-examination by Mr Rhodes KC, you have heard evidence that Mr Al-Shumari has, in the past, carried a knife and offered to assist another in obtaining a knife. Specifically, in October 2020 when he was 13, Mr Al-Shumari was found with an 8-inch breadknife in his school bag. He told you that he was carrying the knife to defend himself.

Secondly, he agreed that in an exchange of Instagram messages on 15 November 2023 (tab 18 in the red file) he had offered to go with someone the next day to buy a knife.

Mr Rhodes KC argues that these matters show that Mr Al-Shumari has a tendency to carry knives, and that it was Al-Shumari (and not Mr Muhalhal) who carried and used a knife at the canal on 16 August 2023.

How should you approach this question? Your approach to this will be different depending on whether you are considering the case against Mr Al-Shumari or the case against other defendants

Other defendants’ cases

When considering the case of the other defendants, if having regard to all the evidence you decide that Mr Al-Shumari has, or may have a tendency to carry knives, you may use this as support for any suggestion made by defence counsel in their speeches that Mr Al-Shumari committed these offences alone and that other defendants were not involved in the carrying or use of knives.

Mr Al-Shumari’s case

You must, however, adopt a different approach when considering the case against Mr Al-Shumari. The prosecution has not sought to rely on this evidence in its case against Mr Al-Shumari. Accordingly, you should not rely on this evidence when you are considering the proper verdicts in Mr Al-Shumari’s case, and you must not allow it to undermine in any way the significance that you consider should attach to Mr Al-Shumari’s good character in his case.”

The oral directions given to the jury were to the same effect.