The Court was asked whether the Crown Court could properly refuse to state a case for the opinion of the divisional court, having convicted a defendant, on her appeal from the magistrates’ court, of an offence of common assault. She was evicted from a pblic meeting before it began, and was accused of having kicked the PCSO who removed her. Her main grievance was that the Crown Court should have dealt with a defence of lawful self-defence and having failed to do so, rendered her conviction unsafe.
Held: The issue of self-defence might have arisen, but the claimant had denied the assault alleged. The denial was inconsistent with the concept of having so acted in self defence: ‘Indeed, it was directly contrary to that defence.’
The four questions originally presented to the Crown Court, though framed as if they were questions of law, were all questions that go to its findings of fact. As such they were misconceived.
Judges:
Lindblom LJ, Edis J
Citations:
[2017] EWHC 3118 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council CA 16-Apr-1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track.
Cited – Bracegirdle v Oxley and Cobley 1947
The facts proved or admitted pointed inescapably to the conclusion that the drivers had driven dangerously. But the justices, in defiance of Divisional Court authority, concluded that the driving was not dangerous. The point has been decided . .
Mentioned – Regina v Reigate Justices, ex parte Counsell 1984
. .
Cited – The Director of Public Prosecutions v Bailey PC 15-Dec-1993
Court of Appeal of Jamaica – A lawfully armed Jamaican policeman fell into confrontation with two others. During the confrontation he shot one of them and claimed he did so in self-defence.
Held: In those circumstances it was clear that . .
Cited – Regina v Ealing Magistrates’ Court, ex parte Woodman 1994
. .
Cited – Sunworld Limited v Hammersmith and Fulham London Borough Council QBD 2000
The company faced a prosecution under the 1968 Act, in respect of a brochure. On conviction, the company asked the Crown Court to state a case for the Divisional Court. The Recorder refused as to two points, saying that they were decisions of fact . .
Cited – Laporte and Another v The Commissioner of Police of The Metropolis QBD 31-Oct-2014
Turner J setout a series of propositions relating to the use of force in excluding people from public meetings: ‘i) Those running a public meeting, including local authorities, have a common law power (or perhaps duty in certain circumstances) to . .
Cited – Wood v Director of Public Prosecutions Admn 14-May-2008
The defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. . .
Cited – Regina v Fennell CACD 1971
A father was accused of assaulting a police constable in order to release his son from custody. He pleaded self defence, saying that he had believed the arrest unlawful.
Held: The defence failed. A defendant seeking to justify an assault, . .
Cited – Bird, Regina v CACD 22-Mar-1985
The court considered the factors to be accounted in a defence of self-defence. Lord Lane LCJ said: ‘If the defendant is proved to have been attacking or retaliating or revenging himself, then he was not truly acting in self-defence. Evidence that . .
Lists of cited by and citing cases may be incomplete.
Crime, Criminal Practice
Updated: 02 April 2022; Ref: scu.601444