Source: All England Reporter
Publisher Citation: [2003] All ER (D) 279 (Jan)
Neutral Citation: [2002] EWCA Crim 3156
Court: Court of Appeal, Criminal Division
Judge:

Mance LJ, Sachs and Mitchell JJ

Representation Ian Henderson (assigned by the Registrar of Criminal Appeals) for the defendant.
  Jonathan Page (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 26 November 2002

Catchwords

Criminal evidence and procedure - Trial - Summing up - Direction to jury - Ingredients of offence of wounding with intent - Sufficiency of judge's direction.

The Case

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.

If you are a LexisLibrary subscriber you can read more about this case here.