The defendant appealed saying that the magistrates in convicting him had given the impression that they had applied a lower standard of proof than was required.
Held: Even though there was no basis to find that the magistrates had in fact applied a lower standard the words used gave the impression that they might have done. The defendant had been left with a feeling that he had not been given a fair trial, and the conviction wa set aside.
Judges:
Bell J, Lord Woolf LCJ
Citations:
[2001] EWHC Admin 369
Statutes:
European Convention on Human Rights 6
Jurisdiction:
England and Wales
Cited by:
Cited – McCubbin, Regina (on the Application of) v Director of Public Prosecutions Admn 12-Oct-2004
The defendant appealed by way of case stated against the decision of the magistrates to convict him of assault.
Held: No point of law had been raised. The reasons given were adequate. In truth this was a challenge on the facts, and the . .
Applied – Ukpabi v Crown Prosecution Service Admn 18-Apr-2008
Appeal against conviction for assaulting police constables in the execution of their duty.
Held: The magistrates had given the impression that in convicting him they were not fully convinced of the evidence against him, and that therefore a . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Criminal Practice, Human Rights
Updated: 10 May 2022; Ref: scu.267515
