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 … Continue reading Regina v Deacon: CACD 1973
The defendant appealed against his conviction. He had been tried at the Crown Court for being in charge of a dog which caused injury whilst dangerously out of control. In being found not guilty of that offence, he had been convicted of a lesser offence of being in charge of a dog while dangerously out … Continue reading Regina v Williams: CACD 23 Jun 2011
The court considered the intent of section 6(3) of the 1967 Act. Lawton LJ said: ‘Before the passing of the 1967 Act, the law (on alternative verdicts) was partly to be found in the common law and partly in a number of statutes. At common law on an indictment charging felony the accused could be … Continue reading Regina v Lillis: CACD 1972
The defendant appealed against his conviction for conspiracy to steal. He said that the judge had wrongly allowed evidence to go to the jury of a conspiracy to rob of which he was not part. A jeweller had been robbed by three men armed with an iron bar. They tied him up and made off … Continue reading Regina v Barnard: CACD 1980
The court considered the application of the section on alternative verdicts available to juries on a trial for attempted murder. The allegations in a charge under section 20 of the Offences against the Person Act 1861 or under section 9(1)(b) of the . .
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
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 convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
The court considered how it could marry the law against the increase of penaties on appeal with the possible need to correct a judge’s error in sentencing. It summarised the provisions for sentencing for specified offences: ‘[The] regime requires the court to carry out a careful step by step evaluation of the sentencing consequences of … Continue reading Reynolds and Others, Regina v: CACD 8 Mar 2007
The defendant appealed a conviction for attempting to cause grievous bodily harm. He had faced trial on a charge of attempted murder, and the judge had left open to the jury the alternative of the offence for which he had been convicted. Held: The question was one of law, whether a count of attempted murder … Continue reading Regina v Morrison: CACD 20 May 2003
The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant had later refused to do so, saying that it was not obliged to pay … Continue reading Coulson v Newsgroup Newspapers Ltd: QBD 21 Dec 2011
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr Rowland had left a box in the safe security system under the appellants control. They variously … Continue reading Al-Fayed and others v Commissioner of Police of the Metropolis and others: CA 25 Nov 2004
