Williams v Crown Prosecution Service

Williams v Crown Prosecution Service

The charge as amended was sufficiently particularised to comply with the Criminal Procedure Rules. The Crown Court was entitled to find, on the facts, that the appellant's words and conduct were threatening or abusive and likely to cause harassment, alarm or distress, and that he intended or was aware of that likelihood. The appeal was therefore properly dismissed.

Parties
Claimant: Gareth Williams; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
03 October 2018
Procedural Posture
Criminal Appeal (case Stated) / Judgment on Appeal From Crown Court
Outcome
Appeal dismissed
Legal Topics
Section 5 Public Order Act 1986, Criminal Procedure Rules, Abusive Language Towards Police, Appeal by Case Stated
Criminal Law Public Order Section 5 Public Order Act 1986 Criminal Procedure Rules Abusive Language Towards Police Appeal by Case Stated

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 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Gareth Williams

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether the charge was sufficiently particularised to comply with Criminal Procedure Rules
  2. 2 Whether the facts found entitled the Crown Court to dismiss the appeal and confirm conviction under Section 5 Public Order Act 1986
  3. 3 Whether the words and conduct were likely to cause harassment, alarm or distress

Ratio Decidendi

The charge as amended was sufficiently particularised to comply with the Criminal Procedure Rules. The Crown Court was entitled to find, on the facts, that the appellant's words and conduct were threatening or abusive and likely to cause harassment, alarm or distress, and that he intended or was aware of that likelihood. The appeal was therefore properly dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal by way of case stated dismissed
  • Crown Court's decision to uphold conviction affirmed