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 lower burden of proof had been applied. The decision was set aside.
Judges:
Hooper LJ, Maddison J
Citations:
[2008] EWHC 952 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – 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 . .
Distinguished – 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 . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 22 November 2022; Ref: scu.267415