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Court of Appeal dismisses appeal against order of the Central Criminal Court which discharged the appellant in respect of a murder charge, but not in respect of a charge of assault causing serious harm, on the grounds that: it was open to the judge to consider potential alternative offences, irrespective of whether the appellant was charged with any one of those offences.
Criminal Law - Appeal from an order of the Central Criminal Court – alternative offences - seeks to appeal order which discharged the appellant in respect of murder charge but not on the charge contrary to s. 4 of the Non-Fatal Offences Against the Person Act 1997 – sent forward on charge of murder only – appellant was lawfully before the Central Criminal Court - we do not believe that this in and of itself precludes a judge when considering the actus reus of the offence of murder on an application under s. 4(8) of the 2006 Act from considering alternative offences – open to judge to consider range of alternative offences - appeal refused.
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