In an unsuccessful appeal against conviction where the appellant had been charged, inter alia, with racially aggravated criminal damage, the judge had been entitled to put an alternative and lesser charge of simple criminal damage to the jury without amending the indictment to add an additional count as criminal damage was not triable only summarily. Accordingly, R v Burt (1996) 161 JPN 77 was decided per incuriam.

CA (Crim Div) (Rose LJ, Ian Kennedy J, Hallett J)


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