Fred Shand murder trial: Here is what jurors need to consider ahead of returning verdict

Jurors have been told what they need to consider when deciding if both teenagers charged with the murder of 16-year-old Fred Shand are guilty or not.

On the afternoon of Friday, July 28, The Honourable Mr Justice Morris began to give legal directions to jurors after hearing all of the evidence in Fred Shand’s murder trial.

The two defendants – now aged 15 and 17 – were charged with murder after Fred was fatally stabbed in Harborough Road in Kingsthorpe on March 22. Alternative counts of manslaughter have now been added for the jury to consider.

A defendant is guilty of murder if the prosecution can prove that their actions killed another person, they were acting unlawfully at the time of the killing and they intended to kill that person or cause that person really serious bodily injury.

An intent to kill or cause serious bodily injury may arise in the spur of the moment and be regretted immediately afterwards but it must be present during the time of the attack.

A defendant is guilty of manslaughter if the prosecution proves that the defendant’s actions killed another person, they were acting unlawfully during the killing and the defendant intended to cause some physical harm or what a reasonable person may realise would subject that person to some harm but not serious harm.

The 15-year-old admits stabbing Fred so, if he is not found guilty of murder, he will be guilty of manslaughter. The 17-year-old defendant, however, denies both murder and manslaughter.

The jury were reminded that a defendant can still be guilty of a crime even if the crime was committed by another person. If a person intends that a crime is going to be committed and they encourage or assist it, they can also be found guilty of the offence. This person is referred to as the secondary party.

The prosecution’s case is that the 15-year-old intended to cause Fred at least very serious bodily harm due to the weapon used – the large knife – and the force used, driving the knife 16cm into Fred’s chest.

Miss Miss Jane Bickerstaff KC argues that the 17-year-old was party to a plan to seek out a confrontation with Fred, he requested that his co-defendant bring knives, he himself was carrying a knife during the killing and both defendants disposed of their clothes and knives at the older defendant’s house after the stabbing.

The term ‘withdrawal from joint enterprise’ was explained to the jury. This means that a defendant can withdraw or back out of a crime – but this must be done before the crime has been committed.

Withdrawing requires the defendant to do or say something to make it clear to one or more parties that he is voluntarily disengaging from the crime.

The jury must determine if the 17-year-old made it clear that he withdrew from the plan to cause Fred harm before the stabbing.

The prosecution argues there is no suggestion that the 17-year-old withdrew from the plan at any point during the incident. The court heard that there was some debate about which defendant suggested they should “leave it” before the altercation, but this was down to both defendants not locating Fred rather than them changing their minds.

Miss Bickerstaff said the older defendant was driving the e-scooter that proceeded to advance towards Fred and his friend and he was seen to be participating fully in the attack.

The 15-year-old does not dispute that he stabbed Fred or that he acted unlawfully. He accepts that he would have realised that his actions subjected Fred to some physical harm so admits manslaughter.

The younger defendant, however, argues that he did not intend to cause serious bodily injury or set out to use his knife because he agreed with his co-defendant not to use the knives at the time of the incident. He claims that he did not even realise that he had stabbed Fred until he collapsed, so he denies murder.

The 17-year-old claims that he did not intend for knives to be used during the confrontation and he withdraw from any joint participation of causing harm.

His defence barrister, Benjamin Aina KC, says the 17-year-old accepts there was a plan to confront Fred “using fists” but he expressed a wish to “leave it” and offered to pay for the 15-year-old’s bus fare to go to Northampton town centre instead. He argues that the 17-year-old was approached by Fred and attacked with a belt – causing him to fall to the ground – and he stood and watched thereafter. He was later heard by his co-defendant saying, “What the **** did you do?” after the stabbing.

The 17-year-old initially gave a written statement on March 23 saying: “At no point on March 22, 2023, have I been in possession of any knife or other weapon.” He has since accepted that he lied and pleaded guilty to possessing a bladed article at the time of the stabbing.

The older defendant also chose not to give evidence in his trial this week. He was informed that, if he failed to give evidence, the jury is entitled to conclude that he did not feel he had an answer to the prosecution’s case that would stand up to cross-examination.

The court heard that the 15-year-old defendant gave four ‘no comment’ interviews to the police. The jury was instructed not to let this factor into their deliberations because he was following legal advice given to him at the time.

Closing speeches from the prosecution and defence barristers will commence at 10am on Monday, July 31.

The trial continues.

What else has happened in the trial so far?

The two teenage boys from Northampton, who were aged 14 and 16 at the time but are now 15 and 17, pleaded not guilty to their murder charge before Northampton Crown Court on April 24. They cannot be named for legal reasons.

Miss Jane Bickerstaff KC, the prosecuting barrister, kickstarted the trial on Wednesday (July 12) with the prosecution opening after the jury was sworn in on Monday (July 10).

The court heard the younger defendant, aged 15, faces an additional charge of carrying an article with a blade or a sharp point in a public place – which he has already pleaded guilty to.

The court heard 16-year-old Rohan Shand, known as Fred, died after being stabbed near the Cock Hotel in Harborough Road at about 3.35pm on March 22 while on his way home from Kingsthorpe College.

Miss Bickerstaff KC, of the prosecution, told the court it was the 15-year-old male defendant that carried out the stabbing and he was accompanied by the 17-year-old in the planned “joint enterprise attack” – shown by CCTV footage in court.

The stabbing followed an altercation outside McDonalds in the Drapery, which the court heard took place the day before (March 21).

A male had his “face sliced with a belt buckle” during that “dispute” and the two defendants were a friend of his. The co-defendants believed Fred Shand was at the forefront of the group responsible.

The court heard that after the co-defendants arrived at Kingsthorpe College later than planned on March 22, they rode on scooter towards the town centre via Harborough Road.

The entire incident was over in seven seconds after Fred, his teen friend and the two co-defendants came together for the first time at 3.34pm on March 22 on the green in Harborough Road, the court heard.

The co-defendants fled the scene on foot to the home of the 17-year-old, where they were detained by police shortly after – along with what is believed to be the murder weapon, a second knife and clothing worn during the incident.

During the second day of the trial (Thursday, July 13) – the first in which witnesses were called on to give evidence by the prosecution – the court saw 360 degree imagery to give them an understanding of the area, as well as video footage that has been recovered from March 22.

On the morning of the third day of the trial (Friday, July 14), the pathologist that conducted Fred’s post-mortem examination gave her expert evidence on the cause of death.

This was followed by evidence given by the teen friend who was with Fred on the day of the fatal stabbing.

Kickstarting the second week (Tuesday, July 18), the two eyewitnesses who followed the co-defendants home after the incident were called to give evidence.

The final live witness took to the stand to conclude the morning sitting, when the court heard he saw the blade pulled from the younger defendant’s trousers.

Five written witness statements were read aloud to conclude Tuesday’s sitting (July 18) – one of which detailed a nine second phone call the 15-year-old defendant had with a friend ahead of the incident.

The final eight written statements were heard the following day (Wednesday, July 19), including five from members of the police force.

Ahead of the prosecution closing its case, the jury were taken step-by-step through key moments which led to the Kingsthorpe College pupil’s death.

Having been told the agreed facts of the case, the jury heard the 17-year-old defendant has pleaded guilty to being in possession of a bladed article in Harborough Road on the day of the fatal stabbing.

The 15-year-old defendant stood to give evidence in court for the first time on Friday afternoon (July 21), when the court heard him say young people buy knives “for show” and to “look cool”.The younger defendant charged with murder said he felt ‘upset’ seeing a picture of the 16-year-old Fred Shand for the first time because of “how it happened and how it went down”.

The 15-year-old defendant, continuing his evidence on July 24, said he wore a balaclava and carried a knife on the day of the fatal stabbing to “look as scary as possible” but claimed he had no intention of using the knife as a weapon.

Continuing his evidence that same afternoon, the 15-year-old defendant describes the moments leading up to the fatal stabbing. The younger defendant said he “did not realise” he stabbed Fred until the 16-year-old collapsed and he saw the blood on his knife.

The younger defendant admitted going against an “agreement” with his older co-defendant not to use a knife in the confrontation with Fred and his friend when he was cross-examined in court on July 25.

Miss Bickerstaff, prosecuting, accused the 15-year-old of “telling lots of lies” to the jury and the court heard that he obtained the knife that killed Fred by asking “strangers” in the street to buy the blade for him. The younger defendant concluded his evidence.

Benjamin Aina KC, defending the 17-year-old, told Northampton Crown Court on July 27 that his client will not be giving any evidence in the murder trial.

Also on July 27, the 17-year-old’s father gave evidence to the jury, including how he found a photo of his son posing with a machete and what he did after finding the image.