R v Damien Daniel Heaven

R v Damien Daniel Heaven

The prosecution evidence, even taken at its highest, was not capable of making a jury sure that the appellant knew or believed the complainant had assisted the police; the use of 'snitch' was equivocal and other evidence pointed away from such knowledge; the conviction for intimidation was unsafe and should be quashed.

Parties
Appellant: Damien Daniel Heaven; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
02 July 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Resentencing
Outcome
appeal allowed in part; conviction for intimidation quashed; resentencing on assault by battery
Legal Topics
Intimidation, Assault by Battery, Criminal Damage, Appeal Against Conviction, No Case to Answer, Resentencing
Criminal Law Intimidation Assault by Battery Criminal Damage Appeal Against Conviction No Case to Answer Resentencing

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 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Damien Daniel Heaven

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Resentencing

Legal Issues

  1. 1 Whether the Recorder erred in rejecting a submission of no case to answer on the intimidation charge
  2. 2 Whether there was sufficient evidence that the appellant knew or believed the complainant had assisted the police investigation
  3. 3 Whether the conviction for intimidation was safe

Ratio Decidendi

The prosecution evidence, even taken at its highest, was not capable of making a jury sure that the appellant knew or believed the complainant had assisted the police; the use of 'snitch' was equivocal and other evidence pointed away from such knowledge; the conviction for intimidation was unsafe and should be quashed.

Court Disposition

appeal allowed in part; conviction for intimidation quashed; resentencing on assault by battery

Orders

  • Conviction on Count 1 (intimidation) quashed
  • On Count 2 (assault by battery), sentence of no separate penalty quashed and replaced with three months' imprisonment concurrent with existing sentence