[2007] EWCA Crim 2869

The unequivocal principle from R. v Coutts (Graham James) [2006] UKHL 39, [2006] 1 W.L.R. 2154 was that whenever lesser alternative verdicts should be left to the jury, a judge should so direct them, notwithstanding united submissions on behalf of both the prosecution and defence to the contrary. However, a judge was not obliged to do so in every case, particularly where the lesser offence was so remote to the more serious offence it would be trivial and an unrealistic alternative.

CA (Crim Div) (Sir Igor Judge (President QB), Latham LJ (VP CA Crim), Grigson J, Andrew Smith J, Pitchford J)

30/11/2007