||All England Reporter
|| All ER (D) 241 (Dec)
||Court of Appeal, Criminal Division
Hallett LJ, Mackay J and the Recorder of Birmingham
||Heather Hope (assigned by the Registrar of Criminal Appeals) for the defendant.
||Jeffrey Pegden QC (instructed by the Crown Prosecution Service) for the Crown.
||15 December 2006
Criminal law - Verdict - Alternative offence - Summary and indictable offences - Alternative verdict of guilty of summary offence where summary offence not included in indictment - Putting person in fear of violence - Harassment - Judge finding no case to answer in relation to indictable offence but sufficient evidence in respect of summary offence - Judge declining to take not guilty verdict - Judge permitting jury to deliberate in relation to summary alternative - Whether permissible course - , s 2, 4(5).
Where a judge upheld a submission of no case to answer in respect of a count charging an offence contrary to s4 of the but declined immediately to direct the jury to enter a not guilty verdict or to take a verdict in respect of that count, it was permissible for the case to continue with the jury, once in retirement, to deliberate as to the alternative offence of harassment, contrary to s2 of the 1997 Act, to return a not guilty verdict on the judge's direction in respect of the s4 offence and to convict the defendant in relation to the s2 offence.
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