Katsonis v Crown Prosecution Service

Katsonis v Crown Prosecution Service

The conviction was quashed because the Justices failed to make clear findings of unlawful conduct; their finding that the appellant 'reached out' did not establish the necessary elements of reckless assault.

Parties
Appellant: Athanase Katsonis; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
29 June 2011
Procedural Posture
Criminal Appeal (case Stated) / High Court Judgment on Appeal From Magistrates' Court
Outcome
conviction quashed, prosecution given seven days to decide on retrial
Legal Topics
Common Assault, Recklessness, Appeal by Case Stated, Magistrates' Reasoning, Retrial
Criminal Law Common Assault Recklessness Appeal by Case Stated Magistrates' Reasoning Retrial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Athanase Katsonis

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal (case Stated) / High Court Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether the Justices' findings supported a conviction for common assault on a reckless basis
  2. 2 Whether the Justices made sufficient findings of unlawful conduct
  3. 3 Whether a retrial should be ordered

Ratio Decidendi

The conviction was quashed because the Justices failed to make clear findings of unlawful conduct; their finding that the appellant 'reached out' did not establish the necessary elements of reckless assault.

Court Disposition

conviction quashed, prosecution given seven days to decide on retrial

Orders

  • Conviction quashed
  • Prosecution to decide within seven days whether to seek a retrial; if so, case remitted to a different bench for rehearing