Katsonis v Crown Prosecution Service [2011] EWHC 1860 (Admin) (29 June 2011)

Katsonis v Crown Prosecution Service [2011] EWHC 1860 (Admin) (29 June 2011)

The conviction was quashed because the Justices failed to identify any unlawful act by the appellant; merely 'reaching out' in a crowded train did not constitute an unlawful act sufficient for reckless assault.

Citation
[2011] EWHC 1860 (Admin)
Parties
Appellant: Athanase Katsonis; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
29 June 2011
Procedural Posture
Appeal by Case Stated / Judgment on Appeal
Outcome
conviction quashed
Legal Topics
Common Assault, Recklessness, Magistrates' Reasoning, Appeal Procedure
Criminal Law Common Assault Recklessness Magistrates' Reasoning Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Athanase Katsonis

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Appeal by Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether conviction for reckless assault was sustainable on the facts found by the Justices
  2. 2 Whether the Justices' reasoning identified an unlawful act by the appellant

Ratio Decidendi

The conviction was quashed because the Justices failed to identify any unlawful act by the appellant; merely 'reaching out' in a crowded train did not constitute an unlawful act sufficient for reckless assault.

Court Disposition

conviction quashed

Orders

  • conviction quashed
  • prosecution given seven days to decide on retrial