Forde v Quinn
The conviction was upheld because the court was entitled to find Miss Quinn a credible and reliable witness and to be sure of her account, notwithstanding the honest but differing evidence of Mr Johnson. The findings of fact, though open to criticism in one respect, were sufficient to support the verdict.
- Parties
- Appellant: Gregor Forde; Respondent: Maureen Quinn
- Jurisdiction
- England and Wales
- Judgment Date
- 11 February 2003
- Procedural Posture
- Criminal Appeal / Appeal by Way of Case Stated From Crown Court Decision
- Outcome
- appeal dismissed
- Legal Topics
- Common Assault, Evidence Exclusion, Credibility of Witnesses, Standard of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
Gregor Forde
Appellant
Maureen Quinn
Respondent
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated From Crown Court Decision
Legal Issues
- 1 Whether the Crown Court erred in finding the appellant guilty of common assault based on the evidence presented
- 2 Whether the evidence of the main complainant should have been excluded under section 78 of the Police and Criminal Evidence Act 1984
- 3 Whether the findings of fact were supported by the evidence, particularly regarding the sequence of events and witness credibility
Ratio Decidendi
The conviction was upheld because the court was entitled to find Miss Quinn a credible and reliable witness and to be sure of her account, notwithstanding the honest but differing evidence of Mr Johnson. The findings of fact, though open to criticism in one respect, were sufficient to support the verdict.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- Assessment of costs granted to the appellant.
Full Case Text
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