Ngwenya v Crown Prosecution Service [2008] EWHC 1635 (Admin) (12 May 2008)

Ngwenya v Crown Prosecution Service [2008] EWHC 1635 (Admin) (12 May 2008)

The Crown Court was entitled to rely on the video recorded evidence-in-chief of the complainant, which was clear, unequivocal, consistent, and compelling, supported by medical and corroborative evidence, and to reject the inconsistent live evidence given at appeal. There was sufficient evidence to convict the appellant of assault.

Citation
[2008] EWHC 1635 (Admin)
Parties
Claimant: Ngwenya; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
12 May 2008
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Assault, Special Measures, Child Witness Evidence
Criminal Law Assault Special Measures Child Witness Evidence

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 1 Party arguments 2
Sign in to unlock

Parties

Ngwenya

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether there was sufficient evidence to convict the appellant of assault contrary to section 39 of the Criminal Justice Act 1988

Ratio Decidendi

The Crown Court was entitled to rely on the video recorded evidence-in-chief of the complainant, which was clear, unequivocal, consistent, and compelling, supported by medical and corroborative evidence, and to reject the inconsistent live evidence given at appeal. There was sufficient evidence to convict the appellant of assault.

Court Disposition

Appeal dismissed

Orders

  • No adjournment granted
  • Conviction upheld