[2004] EWCA Crim 279
Where it could not be established who had caused a life-threatening injury to a child, and the Crown provided an opening note clarifying no offence of assault would be pursued, the conviction of cruelty to a child was unsafe as the Crown conducted the case on the basis of assault.
CA (Crim Div) (Davis J, Poole J, Rose LJ)
28/01/2004