Kracher, R (On the Application Of) v Crown Prosecution Service [2013] EWHC 4627 (Admin) (30 July 2013)

Kracher, R (On the Application Of) v Crown Prosecution Service [2013] EWHC 4627 (Admin) (30 July 2013)

The conviction was unlawful because the charge was for assault by beating but the conviction was based on a threat, which was not the basis of the charge or prosecution case. The proper verdict should have been not guilty.

Source-derived case information.

Citation
[2013] EWHC 4627 (Admin)
Parties
Claimant: Tibor Kracher; Defendant: Leicester Magistrates' Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Judicial Review / Renewed Application for Permission and Substantive Hearing
Outcome
Conviction quashed; case remitted with direction to acquit; costs awarded to claimant out of Central Funds.
Legal Topics
Common Assault, Procedural Fairness, Case Stated Procedure, Quashing Conviction
Criminal Law Judicial Review Common Assault Procedural Fairness Case Stated Procedure Quashing Conviction

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Parties

Tibor Kracher

Claimant

Leicester Magistrates' Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission and Substantive Hearing

Legal Issues

  1. 1 Whether the conviction for common assault was lawful when the charge was based on assault by beating but conviction was on the basis of threat only
  2. 2 Whether judicial review was the appropriate remedy instead of appeal by way of case stated

Ratio Decidendi

The conviction was unlawful because the charge was for assault by beating but the conviction was based on a threat, which was not the basis of the charge or prosecution case. The proper verdict should have been not guilty.

Court Disposition

Conviction quashed; case remitted with direction to acquit; costs awarded to claimant out of Central Funds.

Orders

  • Conviction quashed
  • Case remitted to magistrates with direction to acquit