On 21 July 2022 the Court of Appeal (Crim. Div.) delivered its reserved judgment in the case of Khan which had been argued on Friday 8 July.
The case revolved around the central issue of what it means when we say that ‘the prosecution must prove its case’ and the extent to which a trial judge is entitled/required to depart from the prosecution case theory and leave all the possibilities allowed for on the facts, even when not contended for (and even positively resisted) by the prosecution.