Phillimore J considered the possibility of allowing a conviction for a lesser offence than that charged and said: ‘There may be cases where, in the interests of the prisoner, a judge ought to do so; there are certainly many cases where the interests of justice are not met unless it is pointed out to the Jury that they may convict of a lesser offence, or, thinking it a case of ‘neck or nothing’, they may acquit altogether.’
Judges:
Phillimore J
Citations:
(1913) 8 Cr App R 186
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Fairbanks CACD 1986
The defendant complained that the judge had not left an alternate verdict of careless driving to the jury where he had been charged with driving a motor vehicle on the road recklessly.
Held: The conviction was quashed.
Mustill LJ said: . .
Cited – Regina v Coutts HL 19-Jul-2006
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 17 May 2022; Ref: scu.243339