Kracher, R (On the Application Of) v Crown Prosecution Service

Kracher, R (On the Application Of) v Crown Prosecution Service

The conviction was quashed because the charge was put on the basis of assault by beating but the justices convicted on the basis of a threat, which was not the case the claimant was required to meet. This was procedurally unfair and improper.

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 / Judgment After 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

Case Brief

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Parties

Tibor Kracher

Claimant

Leicester Magistrates' Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Judgment After Renewed Application for Permission and Substantive Hearing

Legal Issues

  1. 1 Whether the conviction for common assault could stand when the charge was put on the basis of assault by beating but the conviction was based on threat of violence
  2. 2 Whether judicial review was the appropriate remedy given the procedural history

Ratio Decidendi

The conviction was quashed because the charge was put on the basis of assault by beating but the justices convicted on the basis of a threat, which was not the case the claimant was required to meet. This was procedurally unfair and improper.

Court Disposition

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

Orders

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