||All England Reporter
|| All ER (D) 279 (Jan)
|| EWCA Crim 3156
||Court of Appeal, Criminal Division
Mance LJ, Sachs and Mitchell JJ
||Ian Henderson (assigned by the Registrar of Criminal Appeals) for the defendant.
||Jonathan Page (instructed by the Crown Prosecution Service) for the Crown.
||26 November 2002
Criminal evidence and procedure - Trial - Summing up - Direction to jury - Ingredients of offence of wounding with intent - Sufficiency of judge's direction.
The explanation to a jury of the ingredients of the offence of wounding with intent could, in most cases, not possibly be more simple. It was whether the jury was satisfied that an accused did the act; if so, whether they were satisfied that the act caused a wound or other serious physical injury; and whether they were satisfied that when the accused did the act he had intended to cause a wound or other really serious physical injury. The judge's direction in the instant case had introduced concepts of malice and recklessness which had been no part of the case. The direction given had at best been muddled, and in reality wholly inadequate.
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