BA, R v [2012] EWCA Crim 1529 (11 July 2012)

BA, R v [2012] EWCA Crim 1529 (11 July 2012)

The determination of whether an offence is a 'specified offence' for the purposes of s.80(3) of the Police and Criminal Evidence Act 1984 must be made by reference to the legal definition of the offence charged, not the factual circumstances. Section 2(a) of the Criminal Damage Act 1971 is directed at property and does not, by its nature, involve an assault or threat of injury to a person. Therefore, the wife was not a compellable witness.

Citation
[2012] EWCA Crim 1529
Parties
Appellant: Regina; Respondent: BA
Jurisdiction
England and Wales
Judgment Date
11 July 2012
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling
Outcome
Appeal dismissed
Legal Topics
Compellability of Spouse, Statutory Interpretation, Police and Criminal Evidence Act 1984 S.80, Criminal Damage Act 1971 S.2
Criminal Law Evidence Compellability of Spouse Statutory Interpretation Police and Criminal Evidence Act 1984 S.80 Criminal Damage Act 1971 S.2

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Regina

Appellant

BA

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether an offence under s.2(a) of the Criminal Damage Act 1971 is a 'specified offence' under s.80(3) of the Police and Criminal Evidence Act 1984, making a spouse a compellable witness

Ratio Decidendi

The determination of whether an offence is a 'specified offence' for the purposes of s.80(3) of the Police and Criminal Evidence Act 1984 must be made by reference to the legal definition of the offence charged, not the factual circumstances. Section 2(a) of the Criminal Damage Act 1971 is directed at property and does not, by its nature, involve an assault or threat of injury to a person. Therefore, the wife was not a compellable witness.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed; terminating ruling upheld