The appellant was charged with aggravated assault by wounding after striking a co-worker with a knife.
At trial, the judge left the included offence of assault causing bodily harm with the jury, despite the undisputed evidence that the injury amounted to a wounding.
The jury acquitted the appellant of aggravated assault but convicted him of the included offence.
On appeal, the Court of Appeal held that the included offence should not have been left with the jury, as there was no reasonable view of the evidence that could yield an acquittal on the main charge and a conviction on the included offence.
The conviction was quashed and an acquittal entered.
