Daniel Wills v R
The conviction was safe as the only possible defence was self-defence, which was properly put to the jury and rejected. The failure to call PCSO Cave did not render the conviction unsafe, and the applicant's grievances and distress did not provide a lawful excuse for the assault. There was no basis to admit further evidence or extend time for appeal.
- Parties
- Applicant: Daniel Wills; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 15 July 2024
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Conviction, Extension of Time, and Admission of Further Evidence
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Assault of Emergency Worker, Self Defence, Extension of Time, Admission of Further Evidence, Fair Trial, Human Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Daniel Wills
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction, Extension of Time, and Admission of Further Evidence
Legal Issues
- 1 Whether the conviction for assault of an emergency worker was unsafe
- 2 Whether failure to call PCSO Cave as a witness rendered the conviction unsafe
- 3 Whether distress and alleged human rights violations provided a defence or mitigation
Ratio Decidendi
The conviction was safe as the only possible defence was self-defence, which was properly put to the jury and rejected. The failure to call PCSO Cave did not render the conviction unsafe, and the applicant's grievances and distress did not provide a lawful excuse for the assault. There was no basis to admit further evidence or extend time for appeal.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for extension of time refused
- Application to admit further evidence refused
Full Case Text
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