Hodson, R. v

Hodson, R. v

The conviction is unsafe because the trial judge failed to leave the alternative verdict of section 20 wounding to the jury, which was a realistically available verdict on the evidence, thereby depriving the jury of a proper option and risking a miscarriage of justice.

Parties
Prosecution: Regina; Appellant/defendant: Danielle Hodson
Jurisdiction
England and Wales
Judgment Date
09 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed, conviction quashed, retrial ordered, bail granted with conditions
Legal Topics
Wounding With Intent, Alternative Verdicts, Jury Directions, Retrial, Bail Conditions
Criminal Law Wounding With Intent Alternative Verdicts Jury Directions Retrial Bail Conditions

Case Brief

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Parties

Regina

Prosecution

Danielle Hodson

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in failing to leave the alternative verdict of section 20 wounding to the jury
  2. 2 Whether the conviction for section 18 wounding is unsafe

Ratio Decidendi

The conviction is unsafe because the trial judge failed to leave the alternative verdict of section 20 wounding to the jury, which was a realistically available verdict on the evidence, thereby depriving the jury of a proper option and risking a miscarriage of justice.

Court Disposition

Appeal allowed, conviction quashed, retrial ordered, bail granted with conditions

Orders

  • Conviction quashed
  • Retrial ordered