R v Harry John Ward

R v Harry John Ward

The conviction was quashed because the jury was misdirected in the Route to Verdict document, which placed the burden on the defendant to prove the reasonableness of his actions in self-defence, contrary to law. The repeated correct directions on the burden of proof did not cure the mischief caused by the misdirection in the specific context of the Route to Verdict document.

Parties
Appellant: Harry John Ward; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
14 November 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; no retrial ordered; restraining order to remain in place.
Legal Topics
Assault Occasioning Actual Bodily Harm, Self Defence, Judicial Misdirection, Burden of Proof, Retrial Discretion
Criminal Law Assault Occasioning Actual Bodily Harm Self Defence Judicial Misdirection Burden of Proof Retrial Discretion

Case Brief

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Parties

Harry John Ward

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction for assault occasioning actual bodily harm is unsafe due to judicial misdirection on the burden of proof regarding self-defence
  2. 2 Whether a retrial should be ordered after quashing the conviction

Ratio Decidendi

The conviction was quashed because the jury was misdirected in the Route to Verdict document, which placed the burden on the defendant to prove the reasonableness of his actions in self-defence, contrary to law. The repeated correct directions on the burden of proof did not cure the mischief caused by the misdirection in the specific context of the Route to Verdict document.

Court Disposition

Appeal allowed; conviction quashed; no retrial ordered; restraining order to remain in place.

Orders

  • Conviction on count 3 quashed
  • No retrial to be ordered