Special verdict (England and Wales)
- Special verdict (England and Wales)
In English law, a special verdict is a verdict by a jury that pronounces on the facts of the case but does not draw the ultimate inference of whether the accused is guilty or not. It is then for the judge to apply the law and to convict or acquit. ["Halsbury's" (2006)] In the words of William Blackstone, "The jury state the naked facts, as they find them to be proved, and pray the advice of the court thereon". ["Commentaries on the Laws of England" (14th ed.) 3 377]
A famous instance was the case of "R v. Dudley and Stephens" but generally such verdicts should only be returned in the most exceptional cases. ["R v. Bourne" (1952) 36 Cr App Rep 125 at 127, CCA, "per" Lord Goddard CJ] ["R v. Agbim" [1979] Crim LR 171, CA]
ee also
* Verdict
References
Bibliography
*Lord Mackay of Clashfern (ed.) (2006) "Halsbury's Laws of England", Vol.11(3) 4th ed. 2006 reissue, "Criminal Law, Evidence and Procedure", 1339. Special verdict
*Morgan, E. M. (1923) "A brief history of special verdicts", "Yale Law Journal", 32:575-592
* cite book | title=Cannibalism and the Common Law: The Story of the Tragic Last Voyage of the Mignonette and the Strange Legal Proceedings to Which It Gave Rise | author=Simpson, A. W. B. | publisher=University of Chicago Press | location=Chicago | year=1984 | id=ISBN 9780226759425 | pages="pp"209-210
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