McCubbin, R (on the application of) v Director of Public Prosecutions

McCubbin, R (on the application of) v Director of Public Prosecutions

The magistrates applied the correct burden and standard of proof, gave sufficient reasons for their finding of guilt, and properly considered the evidence and discrepancies. No point of law was raised by the appeal.

Source-derived case information.

Parties
Claimant: Paul James McCubbin; Respondent: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
12 October 2004
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment
Outcome
appeal dismissed
Legal Topics
Burden of Proof, Standard of Proof, Reasoning of Magistrates, Appeal by Way of Case Stated
Criminal Law Burden of Proof Standard of Proof Reasoning of Magistrates Appeal by Way of Case Stated

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Parties

Paul James McCubbin

Claimant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether the magistrates applied the correct burden and standard of proof in convicting the appellant given inconsistencies in the defence and prosecution evidence
  2. 2 Whether sufficient reasons were given for the finding of guilt

Ratio Decidendi

The magistrates applied the correct burden and standard of proof, gave sufficient reasons for their finding of guilt, and properly considered the evidence and discrepancies. No point of law was raised by the appeal.

Court Disposition

appeal dismissed

Orders

  • Costs order in the sum of £800 payable within 56 days