Lahaye, R v
There was no unfair prejudice to the appellant in leaving section 20 as an alternative verdict to the jury, as the factual case presented was identical to that which would have been presented if section 20 had been included in the indictment. The appeal is dismissed.
Source-derived case information.
- Parties
- Respondent: Regina; Appellant: Dean John Lahaye
- Jurisdiction
- England and Wales
- Judgment Date
- 12 October 2005
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal dismissed
- Legal Topics
- Wounding With Intent, Alternative Verdicts, Section 18 Offences Against the Person Act 1861, Section 20 Offences Against the Person Act 1861, Section 6(3) Criminal Law Act 1967
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Dean John Lahaye
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in leaving an alternative verdict under section 20 of the Offences against the Person Act 1861 to the jury when only section 18 was charged
- 2 Whether the appellant was unfairly prejudiced by the alternative verdict being left to the jury
Ratio Decidendi
There was no unfair prejudice to the appellant in leaving section 20 as an alternative verdict to the jury, as the factual case presented was identical to that which would have been presented if section 20 had been included in the indictment. The appeal is dismissed.
Court Disposition
appeal dismissed
Full Case Text
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