[2007] EWCA Crim 1847

A judge had been correct not to order the Crown to add an alternative lesser offence to an indictment after all the evidence in the case had been presented since that would have resulted in a radical departure from the case initially presented and unfairness to the accused.

CA (Crim Div) (Toulson LJ, Butterfield J, Judge Wadsworth QC)

24/07/2007

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