Nelson, R. v

Nelson, R. v

Common assault cannot be left as an alternative verdict to assault by beating under section 6(3) of the Criminal Law Act 1967 because the ingredients of common assault are not all included in assault by beating. It would not be just to substitute a conviction for attempted battery in the circumstances of this case.

Parties
Appellant: Gary Nelson; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
15 January 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Common Assault, Assault by Beating, Alternative Verdicts, Indictment Amendment, Attempted Battery
Criminal Law Common Assault Assault by Beating Alternative Verdicts Indictment Amendment Attempted Battery

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Gary Nelson

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether common assault can be left as an alternative verdict to assault by beating under section 6(3) of the Criminal Law Act 1967
  2. 2 Whether the Court of Appeal should substitute a conviction for attempted battery under section 3 of the Criminal Appeal Act 1968

Ratio Decidendi

Common assault cannot be left as an alternative verdict to assault by beating under section 6(3) of the Criminal Law Act 1967 because the ingredients of common assault are not all included in assault by beating. It would not be just to substitute a conviction for attempted battery in the circumstances of this case.

Court Disposition

appeal allowed; conviction quashed

Orders

  • The appellant's conviction for common assault is quashed.