Corwn Prosecution Service v S [2007] EWHC 3313 (Admin) (11 December 2007)

Corwn Prosecution Service v S [2007] EWHC 3313 (Admin) (11 December 2007)

The magistrates' decision to find no case to answer was perverse because there was material consistency in the evidence supporting joint enterprise, and the prosecution case called for an answer under the Galbraith test.

Citation
[2007] EWHC 3313 (Admin)
Parties
Claimant: Crown Prosecution Service; Defendant: S
Jurisdiction
England and Wales
Judgment Date
11 December 2007
Procedural Posture
Appeal by Way of Case Stated / High Court Appeal From Blackpool Youth Court Decision on Submission of No Case to Answer
Outcome
Appeal allowed
Legal Topics
Joint Enterprise, Submission of No Case to Answer, Actual Bodily Harm, Evidential Consistency
Criminal Law Joint Enterprise Submission of No Case to Answer Actual Bodily Harm Evidential Consistency

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Parties

Crown Prosecution Service

Claimant

S

Defendant

Procedural Posture

Appeal by Way of Case Stated / High Court Appeal From Blackpool Youth Court Decision on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the magistrates' decision that there was no case to answer was perverse
  2. 2 Application of the Galbraith test to the evidence

Ratio Decidendi

The magistrates' decision to find no case to answer was perverse because there was material consistency in the evidence supporting joint enterprise, and the prosecution case called for an answer under the Galbraith test.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to Blackpool Youth Court for trial by a differently constituted Bench
  • Costs order: £2,281.25 payable from central funds