Practice and Procedure

R v JASMIN SCHMIDT (2009)

PUBLISHED April 29, 2009
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[2009] EWCA Crim 838

When summing up a case of grievous bodily harm, a judge had erroneously advised the jury that it was possible to interpret the medical evidence to support a finding either for or against the offender. He should have directed that if the jurors adopted the view that the evidence supporting the accused was or might be true, having considered all the evidence, they could not be sure that the accused was guilty.

CA (Crim Div) (Scott Baker LJ, Mackay J, Beatson J)

29/04/2009

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