The court emphasised it did not have power to substitute a verdict on more general grounds i.e. when it was satisfied that the alternative verdict would have been inevitable had the case been properly presented to the jury. In considering section 3(1) of the 1968 Act and in particular the words ‘and the jury could on the indictment have found him guilty of some other offence’ it is necessary to have regard to section 6 of the 1967 Act.
Judges:
Lord Widgery CJ
Citations:
(1973) 57 Cr App R 688
Statutes:
Criminal Appeal Act 1968 3(1), Criminal Law Act 1967 6(3)
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Graham, Kansal, etc CACD 25-Oct-1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 27 October 2022; Ref: scu.183249