[2009] EWCA Crim 2220

The House of Lords decision in R. v Coutts (Graham James) [2006] UKHL 39, [2006] 1 W.L.R. 2154 required the criminal courts to take a new approach to the problem of alternative verdicts. Applications made for leave to appeal out of time, following a trial that had taken place before the decision in Coutts and where the appeal was based on the judge's failure to leave an alternative verdict to the jury, would be treated as if they represented change-of-law cases as identified in R. v Cottrell (Steven) [2007] EWCA Crim 2016, [2007] 1 W.L.R. 3262.

CA (Crim Div) (Lord Judge LCJ, Penry-Davey J, Keith J)


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