R v Lemon and another

Sentence – Appeal. The appellants' appeal against their convictions for attempted robbery was dismissed. The Court of Appeal, Criminal Division, held that the judge had not erred in failing to leave to the jury an alternative count of assault. The offence of common assault was not reflected in the evidence nor by the gravity of the offence. Further, the judge's summing up to the jury had been fair and balanced and the jury had not asked any questions that indicated they had been struggling with a stark choice between conviction for attempted robbery and acquittal.

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