Brown, R v

Brown, R v

The jury should have been given the opportunity to return a verdict of unlawful wounding; failure to do so rendered the conviction for wounding with intent unsafe.

Parties
Prosecution: Regina; Appellant: Shenae Baffrene Brown; Complainant: Horace Duffus
Jurisdiction
England and Wales
Judgment Date
15 October 2014
Procedural Posture
Criminal Appeal / Judgment
Outcome
conviction for wounding with intent quashed; conviction for unlawful wounding substituted; sentence reduced
Legal Topics
Wounding With Intent, Unlawful Wounding, Jury Directions, Alternative Verdicts
Criminal Law Wounding With Intent Unlawful Wounding Jury Directions Alternative Verdicts

Case Brief

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Parties

Regina

Prosecution

Shenae Baffrene Brown

Appellant

Horace Duffus

Complainant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the jury should have been given the alternative of unlawful wounding under section 20
  2. 2 Whether the conviction for wounding with intent was safe given the evidence and directions

Ratio Decidendi

The jury should have been given the opportunity to return a verdict of unlawful wounding; failure to do so rendered the conviction for wounding with intent unsafe.

Court Disposition

conviction for wounding with intent quashed; conviction for unlawful wounding substituted; sentence reduced

Orders

  • Conviction for wounding with intent quashed
  • Conviction for unlawful wounding substituted under section 20