[2009] EWCA Crim 1590
A judge had erred in failing to leave an alternative verdict of unlawful wounding to a jury considering a charge of wounding with intent to cause grievous bodily harm, as it was a realistically available verdict on the evidence. It was particularly important that an alternative verdict was left to a jury where the offence charged required proof of a specific intent and the alternative did not.
CA (Crim Div) (Keene LJ, Holman J, Recorder of Nottingham)
09/07/2009