REVISED AND UPDATED 19 FEBRUARY 2009

2.4   ALTERNATIVE OFFENCES

“Counts 1 and 2 are alternative counts. You cannot find the defendant guilty on both. First, consider count 1, which is the more serious one (set out ingredients briefly). If you find the defendant guilty on that count, do not consider count 2 at all, but if you are not satisfied beyond reasonable doubt that the defendant is guilty on count 1, then consider count 2 (which involves etc).”⁽¹⁾

NOTE.

⁽¹⁾   Where an indictment contains alternative counts, a verdict should be taken first on the more serious alternative, and if the verdict is guilty the jury should be discharged from returning a verdict on the less serious charge. R v Hill 96 Cr. App. R. 456 at 459. This allows the Court of Appeal to substitute a verdict of the lesser alternative, or an alternative of equal gravity if there is one. See also R v Fulton [2009] NICA 39 at [117] et seq.

ARCHBOLD 2010: 4-443.

BLACKSTONE 2010: D18.69 and 18.70.