Evans LJ discussed the offence of affray saying that the court can take into account the reaction of other people who were present: ‘are in no sense bound to conclude that the statutory test was not satisfied merely because those persons were not apparently affected, any more than they would be bound to conclude that the test was satisfied when it appeared that some bystanders were affected. It is a matter for the justices to take into account applying those objective tests.’
Judges:
Evans LJ
Citations:
[1993] WL 964519
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Freeman, Regina (on The Application of) v Department of Public Prosecution Admn 5-Feb-2013
The defendant appealed his conviction for affray saying that since there was only one person present and the magistrates, having seen CCTV of the events had not taken other evidence.
Held: The appeal failed: ‘it was quite open to the . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 09 July 2022; Ref: scu.519431
