||All England Reporter
|| All ER (D) 106 (Aug)
|| EWCA Crim 1947
||Court of Appeal, Criminal Division
Latham LJ, Buckley and Wright JJ
||Steven Attridge (assigned by the Registrar of Criminal Appeals) for the defendant.
||Anthony Wadling (instructed by the Crown Prosecution Service) for the Crown.
||10 August 2001
Criminal law - Assault occasioning actual bodily harm - Mens rea - Recklessness - Direction to jury - Judge introducing recklessness in summing up as alternative basis for convicting defendant - Whether judge in error - Whether conviction safe.
The introduction by the judge in his summing up of recklessness as an alternative basis upon which the defendant might be convicted of assault occasioning actual bodily harm, when the case had been conducted throughout on the basis that the defendant's acts were deliberate, rendered the conviction unsafe.
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