Jury Retires to Consider Verdict in Brianna Ghey Murder Trial

The jury has retired to consider its verdict in the Brianna Ghey murder trial.

Brianna died in Linear Park, Culcheth, near Warrington, on Saturday, 11th February 2023. Her fatal injuries were consistent with being stabbed 28 times.

Two 16-year-olds stand accused of Brianna's murder. Due to court reporting restrictions they are, for the time being, identified only as Girl X, who comes from Warrington, and Boy Y, who comes from Leigh.

They have been on trial at Manchester Crown Court since Monday, 27th November 2023. Mrs Justice Amanda Yip is presiding over the trial.

The Crown's case is that the defendants, acting together, planned and conducted a frenzied attack on Brianna with the inevitable outcome of her death.

The teenagers each deny wielding the knife used against Brianna, pointing the finger of blame at each other. However, there is no dispute that they were both present in Linear Park at the time of Brianna's death. Similarly, there is no dispute that the knife used was owned by Boy Y.

In order to convict, the jury of seven men and five women must be sure that either or both defendants, with malice aforethought, unlawfully killed Brianna and intended her to be killed or caused grievous bodily harm.

Being sure - e.g. being satisfied of the defendant's guilt beyond reasonable doubt - is a very high threshold, but it falls short of absolute certainty.

In Lord Denning's judgment in the case of Miller v. Minister of Pensions [1947] 2 ALL ER 372 the eminent Lord of Appeal said: "Proof beyond reasonable doubt does not mean proof beyond a shadow of a doubt.

"The law would fail to protect the community if it admitted fanciful possibilities to deflect the course of justice.

"If the evidence is so strong against a man as to leave only a remote possibility in his favour, which can be dismissed with the sentence 'of course it is possible, but it is not the least bit probable', the case is proved beyond reasonable doubt, but nothing short will suffice."

At this stage Mrs Justice Yip will be seeking a unanimous verdict, but she may later direct that a majority verdict is acceptable.

Legislation requires that at least 2 hours is given before a majority direction can be given. A majority verdict in the Crown Court can be either 10-2 or 11-1 when all 12 jurors are deliberating.

Once deliberations have started the jury is prohibited from receiving any further evidence. It can, however, ask the Judge for clarification and reminders.

In that eventuality, the Judge will discuss the request with the prosecution and defence advocates. The jury might then be returned for any direction or clarification to be given in open court.

When the jury will return its verdicts is anyone's guess, but I would not expect a long wait in this case - maybe on the first or second day of deliberations.

I will write further once the jury reaches its verdicts.