Samuels, R. v [2016] EWCA Crim 1876 (15 November 2016)

Samuels, R. v [2016] EWCA Crim 1876 (15 November 2016)

The trial judge materially misdirected the jury by instructing them that the test for an offensive weapon was whether it was 'capable of causing injury' rather than whether it was made, adapted, or intended for such use. This misdirection went to the central issue in the case, rendering the conviction unsafe. There...

Source-derived case information.

Citation
[2016] EWCA Crim 1876
Parties
Appellant: Genesis Christopher Samuels; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
15 November 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal allowed in part, conviction for offensive weapon quashed, conviction for bladed article upheld.
Legal Topics
Offensive Weapons, Bladed Articles, Jury Directions, Misdirection, Joinder of Counts
Criminal Law Offensive Weapons Bladed Articles Jury Directions Misdirection Joinder of Counts

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Parties

Genesis Christopher Samuels

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the definition of 'offensive weapon' under section 1(4) of the Prevention of Crime Act 1953
  2. 2 Whether any misjoinder of counts rendered the conviction unsafe

Ratio Decidendi

The trial judge materially misdirected the jury by instructing them that the test for an offensive weapon was whether it was 'capable of causing injury' rather than whether it was made, adapted, or intended for such use. This misdirection went to the central issue in the case, rendering the conviction unsafe. There was no prejudice from any misjoinder of counts, as the jury considered each count separately.

Court Disposition

Appeal allowed in part, conviction for offensive weapon quashed, conviction for bladed article upheld.

Orders

  • Verdict on offensive weapon count quashed.
  • Renewed application on bladed article count refused.