Parry v Director of Public Prosecutions [2004] EWHC 3112 (Admin) (21 December 2004)

Parry v Director of Public Prosecutions [2004] EWHC 3112 (Admin) (21 December 2004)

The statement made to police was not made 'immediately after' the offence as required by section 28(1)(a) of the Crime and Disorder Act 1998, and thus the conviction for racially aggravated criminal damage could not stand.

Citation
[2004] EWHC 3112 (Admin)
Parties
Claimant: Peter Mark Parry; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal From Crown Court Decision
Outcome
Appeal allowed; conviction quashed
Legal Topics
Racially Aggravated Offences, Criminal Damage, Interpretation of Statutes
Criminal Law Racially Aggravated Offences Criminal Damage Interpretation of Statutes

Case Brief

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Parties

Peter Mark Parry

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal From Crown Court Decision

Legal Issues

  1. 1 Whether the requirement of 'immediately before or after' in section 28(1)(a) Crime and Disorder Act 1998 was satisfied by the facts
  2. 2 Whether hostility can be demonstrated in the victim's absence and in the defendant's home
  3. 3 Whether the Crown Court erred in law in upholding the conviction for racially aggravated criminal damage

Ratio Decidendi

The statement made to police was not made 'immediately after' the offence as required by section 28(1)(a) of the Crime and Disorder Act 1998, and thus the conviction for racially aggravated criminal damage could not stand.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Decision of the Crown Court dismissing the appeal is quashed
  • Conviction in the Magistrates' Court on the aggravated criminal damage charge is quashed