NW, R v

NW, R v

The offence of violent disorder under s.2 of the Public Order Act 1986 is committed where three or more persons are present together (i.e., in the same place at the same time) and use or threaten unlawful violence, regardless of whether they act in concert or share a common purpose. The trial judge was correct in...

Source-derived case information.

Parties
Respondent: THE QUEEN; Appellant: NW
Jurisdiction
England and Wales
Judgment Date
03 March 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Violent Disorder, Public Order Offences, Interpretation of Statute, Elements of Offence
Criminal Law Violent Disorder Public Order Offences Interpretation of Statute Elements of Offence

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Parties

THE QUEEN

Respondent

NW

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether 'present together' in s.2 of the Public Order Act 1986 requires a common purpose or concerted action among offenders
  2. 2 Whether the trial judge erred in refusing a submission of 'no case to answer' and in his directions to the jury on the meaning of 'present together'

Ratio Decidendi

The offence of violent disorder under s.2 of the Public Order Act 1986 is committed where three or more persons are present together (i.e., in the same place at the same time) and use or threaten unlawful violence, regardless of whether they act in concert or share a common purpose. The trial judge was correct in refusing the submission of 'no case to answer' and in directing the jury that the requirement is satisfied by physical presence and conduct, not by any shared intent.

Court Disposition

appeal dismissed