[2006] EWCA Crim 2413

A conviction for inflicting grievous bodily harm was quashed where there were doubts as to whether the trial judge had made it sufficiently clear to the jury that the test of recklessness was not an objective one and the question of recklessness was very different depending on which version of events the jury accepted. There was therefore a very real danger of the jury convicting on a false basis.

CA (Crim Div) (Hallett LJ, Leveson J, Simon J)

19/10/2006