Where an indictment had only included a count of wounding with intent contrary to the Offences against the Person Act 1861 s.18, it had been open to the judge to leave the lesser s.20 offence to the jury. However it was better practice for the s.20 count to be included on the face of the indictment where, as a matter of law, s.20 was available as an alternative to s.18, and where the application of the Criminal Law Act 1967 s.6(3) meant that the alternative would be available even if s.20 were not alleged.

[2005] EWCA Crim 2847

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