R v Golding [2014] EWCA Crim 889 – S 20 OAPA.
1) absent oppression or misconduct, the decision to prosecute is for P regardless of its erroneous failure to apply its own policy or guidance.
- if P’s failure to adhere to policy guidance results in insufficiency of evidence, it can be addressed in the trial process.
2) if P’s evidence, at point of plea, falls short of that contemplated by its guidance, it suffices if it raises a prima facie case against D which may rely on inference.
- the question was whether there was sufficient evidence upon which a jury could properly convict.
- “grievous bodily harm” means really serious bodily harm, but it does not have to be either permanent or dangerous.
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