The defendants had been accused of attempted murder. Negotiations led to an agreed lesser charge of inflicting grievous bodily harm, but the charge was misstated by not including the allegation of intent. They now appealed.
Held: The appeal failed. ‘It might well be that, at least in some offences, it was desirable practice to state the mental element in the indictment. But if the mental element was not stated expressly, it might be implicit from the statement of offence and the particulars that were given.’ The test was whether there was a sufficient indication of the charge.
Judges:
Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Wilkie and Mr Justice Openshaw
Citations:
Times 30-Apr-2008
Statutes:
Offences Against the Person ACt 1861 18
Jurisdiction:
England and Wales
Crime
Updated: 01 May 2022; Ref: scu.269704
