The Prosecution alleged that MW drove the burglars on two reconnaissance trips and then to burgle a flat above a Laundrette in Grays, Essex using an imitation firearm, axes and other weapons. The flat was occupied by a man (who received injuries from the axe), his partner and 2 children who were threatened with the firearm and the axe. Although his hands were initially tied with cable ties the occupier was able to break free, disarm one of the burglars and injure him with the axe. He died at the scene
The defence argued that the flat was being used to deal illegal drugs and that MW had no knowledge of any intent to burgle, weapons or balaclavas despite the 3 surviving burglars pleading guilty before trial. The defence were able to secure a considerable volume of unused material which supported the drug-dealing which was denied by the occupants and that far from going on a ‘reccie’ MW on one occasion left the vehicle and went for a pizza.