[2012] EWCA Crim 1075
A conviction for having an offensive weapon was unsafe as the judge had failed to direct the jury as to the elements of the offence. However, the offender's conviction for wounding with intent was safe as, despite the judge's misdirections, the jury would have inevitably found that the offender's use of a hammer was with more force than was reasonable in the circumstances.
CA (Crim Div) (Hooper LJ, Cooke J, Beatson J)
18/05/2012