REGINA v SAMUEL BENJAMIN SOUTH

REGINA v SAMUEL BENJAMIN SOUTH

Despite the erroneous inclusion of an additional question in the route to verdict, the judge's oral and written directions on the necessary intent for the s.18 offence were clear and accurate. The jury could only have convicted if sure of the requisite intent, and there is no risk that the conviction was unsafe.

Parties
Respondent: Regina; Appellant: Samuel Benjamin South
Jurisdiction
England and Wales
Judgment Date
10 November 2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Wounding With Intent, Mens Rea, Jury Directions, Appeal Against Conviction, Self Defence, Intoxication
Criminal Law Wounding With Intent Mens Rea Jury Directions Appeal Against Conviction Self Defence Intoxication

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Parties

Regina

Respondent

Samuel Benjamin South

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the judge's directions to the jury on mens rea for s.18 offence were materially wrong and rendered the conviction unsafe
  2. 2 Whether the inclusion of an erroneous question in the route to verdict caused confusion or misdirection to the jury

Ratio Decidendi

Despite the erroneous inclusion of an additional question in the route to verdict, the judge's oral and written directions on the necessary intent for the s.18 offence were clear and accurate. The jury could only have convicted if sure of the requisite intent, and there is no risk that the conviction was unsafe.

Court Disposition

Appeal dismissed