Doyle, R v

Doyle, R v

There was no misdirection in the judge's summing-up regarding the definition of grievous bodily harm, and the case was properly left to the jury; the appeal against conviction fails.

Parties
Respondent: Regina; Appellant: Nicholas Doyle
Jurisdiction
England and Wales
Judgment Date
21 July 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Grievous Bodily Harm, Jury Directions, Summing Up, Withdrawal of Case From Jury
Criminal Law Grievous Bodily Harm Jury Directions Summing Up Withdrawal of Case From Jury

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Nicholas Doyle

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury by using 'serious harm' instead of 'really serious harm' in the summing-up for a section 18 offence
  2. 2 Whether the judge wrongly invited the jury to apply a subjective rather than objective test for grievous bodily harm
  3. 3 Whether the judge erred in refusing to withdraw the case from the jury at the close of the prosecution case

Ratio Decidendi

There was no misdirection in the judge's summing-up regarding the definition of grievous bodily harm, and the case was properly left to the jury; the appeal against conviction fails.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction is dismissed.