R v Foster; R v Newman; R v Kempster; R v Birmingham [2007] EWCA Crim 2869
“Where the defendant admitted a lesser or different crime from that charged in the indictment it did not necessarily follow that the trial judge was obliged to leave the alternative verdict for a jury’s consideration; sometimes it would be appropriate, but sometimes it would not.”
WLR Daily, 3rd December 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.