Source: All England Reporter
Publisher Citation: [2005] All ER (D) 90 (Mar)
Court: Court of Appeal, Criminal Division
Judge:

Laws LJ, Holman J and Sir Michael Wright
Representation Greg Johnson (assigned by the Registrar of Criminal Appeals) for the defendant.
  Juliet Oliver (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 7 March 2005

Catchwords

Criminal evidence and procedure - Trial - Direction to jury - Indictment alleging violent disorder committed by three named persons - Judge directing jury that jury might convict defendant and any two other persons of offence - Adequacy.

The Case

In a case where the defendant had been charged on an indictment with an offence of violent disorder particularised as having been committed with two other named persons, in circumstances where a victim had indicated in his witness statement and in evidence that he had been attacked by 'three, four or five people', the trial judge had not erred in not having directed that jury that the defendant would be guilty only if the named persons were also guilty. However, the judge had erred in directing the jury as to the meaning of a 'wound' for the purposes of an offence of unlawful wounding. In the circumstances, it was appropriate to substitute an offence of assault occasioning actual bodily harm.

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