Flinton, R v

Flinton, R v

The compensation order must reflect civil standards and be reduced where the victim's conduct contributed to the incident; £1500 was excessive, £1000 would be proper, and a further reduction for provocation is justified.

Parties
Prosecution: Regina; Appellant: Darren Martin Flinton
Jurisdiction
England and Wales
Judgment Date
05 September 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Compensation Orders, Assessment of Damages, Provocation in Assault Cases
Criminal Law Compensation Orders Assessment of Damages Provocation in Assault Cases

Case Brief

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Parties

Regina

Prosecution

Darren Martin Flinton

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Was the compensation order of £1500 excessive compared to civil proceedings?
  2. 2 Should compensation be reduced due to the victim's provocation?

Ratio Decidendi

The compensation order must reflect civil standards and be reduced where the victim's conduct contributed to the incident; £1500 was excessive, £1000 would be proper, and a further reduction for provocation is justified.

Court Disposition

appeal allowed in part

Orders

  • Compensation payable to Ian Grant reduced to £750.
  • Appellant ordered to pay prosecution costs below in the sum of £380.