The defendant appealed against his conviction for affray. With a co-accused he had asked a motorist in an aggressive manner to drive them to a particular destination and threatened to take the car if he did not do so. Under s3(3) a threat on a charge of affray cannot be made by the use of words alone. At trial Crown counsel argued that in addition to what was said there was conduct which created an aura of menace.
Held: The appeal succeeded. The evidence was devoid of anything that went beyond the use of words alone.
Citations:
[1993] Crim LR 581
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – I v Director of Public Prosecutions etc HL 8-Mar-2001
A group of youths carried petrol bombs in public, anticipating a confrontation with another group. They did not brandish them or actually threaten anybody. On dispersal by the police the bombs were dropped. On being charged with affray it was held . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 17 May 2022; Ref: scu.237688
