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 defendant should have appealed to the Crown Court. Appeal dismissed.
Judges:
Davis J
Citations:
[2004] EWHC 2504 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Harrow Crown Court Ex Parte Dave QBD 20-Oct-1993
A Crown Court when sitting as an appellate court must give reasons for its decision. The court reviewed earlier decisions, and concluded that where a court is going to reject expert evidence it must give proper reasons: ‘The appellant was entitled . .
Cited – Evans v Director of Public Prosecutions Admn 2001
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 . .
Cited by:
Distinguished – 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
Updated: 31 May 2022; Ref: scu.219269