Source: All England Reporter
Publisher Citation: [2006] All ER (D) 296 (Jun)
Neutral Citation: [2006] EWCA Crim 974
Court: Court of Appeal, Criminal Division

May LJ, Forbes and Davis JJ

Representation Keith Harrison (assigned by the Registrar of Criminal Appeals) for the defendant.
  Philip Cattan (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 7 April 2006


Criminal law - Trial - Judge - Summing up - Assault occasioning actual bodily harm - Dangerous driving - Traffic warden alleging defendant drove at him - Defendant denying allegations - Whether judge adequately and appropriately summing up case to jury - Whether conviction unsafe.

The Case

In the instant case, where the defendant denied driving at a traffic warden and injuring him, the judge had failed adequately to direct the jury as to the evidence and had failed properly to structure his summing up, and in all the circumstances the defendant's conviction for dangerous driving and assault occasioning actual bodily harm could not be said to be safe.

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