Source: All England Reporter
Publisher Citation: [2005] All ER (D) 97 (Aug)
Court: Court of Appeal, Criminal Division
Judge:

Gage LJ, Bean J and Sir John Alliott
Representation James Tilbury (assigned by the Registrar of Criminal Appeals) for the defendant.
  Katherine Hunter (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 24 August 2005

Catchwords

Jury - Discharge of jury - Judge's discretion - Judge dismissing defendant counsel's application to discharge jury following remarks made by judge during trial - Defendant convicted - Whether judge's remarks prejudicing defence case.

The Case

The defendant's conviction for wounding the victim with the intent to cause grievous bodily harm was quashed on the basis that the court was satisfied that unacceptable remarks by the judge made both in the presence and absence of the jury were likely to have had a prejudicial effect on the defence case.

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