Lemon & Anor, R. v

Lemon & Anor, R. v

The judge was not obliged to leave an alternative count of common assault to the jury as it was not realistically available on the evidence and would not reflect the gravity of the case. The convictions for attempted robbery were safe.

Parties
Appellant: Levi Lemon; Appellant: Reece Effer; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
20 November 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Attempted Robbery, Common Assault, Jury Directions, Appeal Against Conviction
Criminal Law Attempted Robbery Common Assault Jury Directions Appeal Against Conviction

Case Brief

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Parties

Levi Lemon

Appellant

Reece Effer

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in failing to leave an alternative count of assault to the jury
  2. 2 Whether the convictions for attempted robbery were unsafe

Ratio Decidendi

The judge was not obliged to leave an alternative count of common assault to the jury as it was not realistically available on the evidence and would not reflect the gravity of the case. The convictions for attempted robbery were safe.

Court Disposition

appeal dismissed

Orders

  • convictions for attempted robbery upheld
  • no alternative count of assault to be left to jury