Director of Public Prosecutions, R (on the application of) v Kipling [2005] EWHC 854 (Admin) (25 April 2005)
If the Justices believed the identification evidence and were satisfied beyond reasonable doubt as to the offence and the respondent's identity, the prosecution had necessarily rebutted the alibi and the case was proved. The Justices' reasoning in dismissing the charge was irrational and legally flawed.
- Citation
- [2005] EWHC 854 (Admin)
- Parties
- Claimant: Director of Public Prosecutions; Defendant: Kipling
- Jurisdiction
- England and Wales
- Judgment Date
- 25 April 2005
- Procedural Posture
- Criminal Appeal (case Stated) / High Court Appeal From Youth Court Decision
- Outcome
- Appeal allowed; matter remitted with direction to convict
- Legal Topics
- Indecent Assault, Alibi, Identification Evidence, Burden of Proof
Case Brief
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Parties
Director of Public Prosecutions
Claimant
Kipling
Defendant
Procedural Posture
Criminal Appeal (case Stated) / High Court Appeal From Youth Court Decision
Legal Issues
- 1 Whether Justices erred in dismissing the charge after accepting identification evidence but finding alibi not rebutted
- 2 Correct application of burden of proof regarding alibi
Ratio Decidendi
If the Justices believed the identification evidence and were satisfied beyond reasonable doubt as to the offence and the respondent's identity, the prosecution had necessarily rebutted the alibi and the case was proved. The Justices' reasoning in dismissing the charge was irrational and legally flawed.
Court Disposition
Appeal allowed; matter remitted with direction to convict
Orders
- Remit to Justices with direction to convict
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