Banton, R v

Banton, R v

It would have been unfair to leave unlawful wounding to the jury as an alternative verdict because the prosecution case was solely about deliberate wounding with intent, and the alternative scenario was not explored at trial, risking unfairness to the appellant.

Parties
Respondent: R; Appellant: Sheila Banton
Jurisdiction
England and Wales
Judgment Date
24 July 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Wounding With Intent, Unlawful Wounding, Jury Directions, Lesser Included Offences
Criminal Law Wounding With Intent Unlawful Wounding Jury Directions Lesser Included Offences

Case Brief

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Parties

R

Respondent

Sheila Banton

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred by not leaving the alternative offence of unlawful wounding under s20 to the jury
  2. 2 Whether the interests of justice required the jury to be directed on the lesser offence regardless of prosecution or defence wishes

Ratio Decidendi

It would have been unfair to leave unlawful wounding to the jury as an alternative verdict because the prosecution case was solely about deliberate wounding with intent, and the alternative scenario was not explored at trial, risking unfairness to the appellant.

Court Disposition

appeal dismissed