Sundas, R. v

Sundas, R. v

The trial judge's directions allowed the jury to convict without being sure of intent to cause injury, creating a real risk of unsafe conviction.

Parties
Appellant: Sardar Sundas; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
05 April 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Offensive Weapons, Reasonable Excuse, Jury Directions, Intent
Criminal Law Offensive Weapons Reasonable Excuse Jury Directions Intent

Case Brief

Summary, issues, holding and outcome

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Parties

Sardar Sundas

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury regarding the elements of the offence under section 1(1) of the Prevention of Crime Act 1953
  2. 2 Whether the conviction was unsafe due to the jury's consideration of reasonable excuse before intent

Ratio Decidendi

The trial judge's directions allowed the jury to convict without being sure of intent to cause injury, creating a real risk of unsafe conviction.

Court Disposition

appeal allowed; conviction quashed

Orders

  • conviction quashed