Crown Prosecution Service v Shabbir & Ors

Crown Prosecution Service v Shabbir & Ors

Consent was not a live issue on the evidence given the findings of appalling violence; lack of consent could be inferred from the circumstances. The magistrates were wrong to acquit on the basis of consent. The use of violence does not preclude conviction under section 4 of the Public Order Act 1986; the magistrates were wrong to acquit on that count as well.

Parties
Claimant: The Crown Prosecution Service; Defendant: Sajid Shabbir; Defendant: Mohammed Khan; Defendant: Waheed Rathor; Defendant: Abdul Raffique
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Criminal Appeal / Appeal From Acquittal at Magistrates' Court
Outcome
Appeal allowed
Legal Topics
Common Assault, Consent as a Defence, Public Order Offences, Section 4 Public Order Act 1986, Section 39 Criminal Justice Act 1988
Criminal Law Common Assault Consent as a Defence Public Order Offences Section 4 Public Order Act 1986 Section 39 Criminal Justice Act 1988

Case Brief

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Parties

The Crown Prosecution Service

Claimant

Sajid Shabbir

Defendant

Mohammed Khan

Defendant

Waheed Rathor

Defendant

Abdul Raffique

Defendant

Procedural Posture

Criminal Appeal / Appeal From Acquittal at Magistrates' Court

Legal Issues

  1. 1 Is lack of consent a necessary ingredient of common assault or is consent a defence?
  2. 2 Can lack of consent be inferred from evidence other than the victim's testimony?
  3. 3 Does actual violence preclude conviction under section 4 Public Order Act 1986?

Ratio Decidendi

Consent was not a live issue on the evidence given the findings of appalling violence; lack of consent could be inferred from the circumstances. The magistrates were wrong to acquit on the basis of consent. The use of violence does not preclude conviction under section 4 of the Public Order Act 1986; the magistrates were wrong to acquit on that count as well.

Court Disposition

Appeal allowed

Orders

  • Acquittals quashed; magistrates' decision overturned