Williams v Crown Prosecution Service [2018] EWHC 2869 (Admin) (03 October 2018)

Williams v Crown Prosecution Service [2018] EWHC 2869 (Admin) (03 October 2018)

The charge, as amended, was sufficiently particularised to comply with the Criminal Procedure Rules. The Crown Court was entitled, on its findings of fact, to conclude that the appellant's words and behaviour were abusive and likely to cause harassment, alarm or distress, and that the statutory defence did not apply. The appeal was therefore dismissed.

Citation
[2018] EWHC 2869 (Admin)
Parties
Claimant/appellant: Gareth Williams; Defendant/respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
03 October 2018
Procedural Posture
Appeal by Way of Case Stated (criminal) / High Court (administrative Court) Judgment on Appeal From Crown Court
Outcome
Appeal dismissed
Legal Topics
Section 5 Public Order Act 1986, Criminal Procedure Rules, Appeal by Case Stated, Abusive Language Towards Police, Sufficiency of Charge Particulars
Criminal Law Public Order Section 5 Public Order Act 1986 Criminal Procedure Rules Appeal by Case Stated Abusive Language Towards Police Sufficiency of Charge Particulars

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Parties

Gareth Williams

Claimant/appellant

Crown Prosecution Service

Defendant/respondent

Procedural Posture

Appeal by Way of Case Stated (criminal) / High Court (administrative Court) Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether the charge against Mr Williams was sufficiently precise to comply with Criminal Procedure Rules
  2. 2 Whether the Crown Court was entitled to find the Section 5 Public Order Act offence proved to the criminal standard

Ratio Decidendi

The charge, as amended, was sufficiently particularised to comply with the Criminal Procedure Rules. The Crown Court was entitled, on its findings of fact, to conclude that the appellant's words and behaviour were abusive and likely to cause harassment, alarm or distress, and that the statutory defence did not apply. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal by way of case stated is dismissed.