The court considered its ability to substitute a conviction for a lesser offence on appeal after finding the conviction unsafe.
Held: ‘the jurisdiction of this court does not depend upon whether the judge did in fact sum up on the alternative basis, but upon whether the jury must have been satisfied of facts which proved him guilty of that other offence. No doubt, therefore, this is a jurisdiction which must be exercised with great caution, and the fact that the jury never had a proper direction as to the alternative offence is a very relevant consideration’.
Lord Parker CJ
(1961) 45 Cr App R 47
Criminal Appeal Act 1907 5(2)
England and Wales
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.
Updated: 05 September 2021; Ref: scu.183248