“Suppose that the defendant is charged with the offence of unlawfully wounding with intent to kill; that the evidence proves that he unlawfully wounded his victim, but that the trial Court is not satisfied that he did so with intent to kill. That is a proper case for convicting the defendant of the offence of unlawful wounding merely. It is a lesser offence in the sense that it carries a lighter punishment than the offence charged, which carries a much heavier punishment because of the added ingredient which aggravates the wounding, namely the intent to kill. In substance the lesser offence is a slice carved out of the particulars of the graver offence charged.”
CRIMINAL LAW AND PROCEDURE – Conviction For Lesser Offence – What constitutes a lesser offence
CRIMINAL LAW AND PROCEDURE – Conviction For Lesser Offence – Whether a Court can convict an accused person of a lesser offence with which he was not chargedCRIMINAL LAW AND PROCEDURE – Common Intention – The extent of criminal liability where common intention is established among participants in a crime