Crown Prosecution Service v Shabbir & Ors [2009] EWHC 2754 (Admin) (21 October 2009)

Crown Prosecution Service v Shabbir & Ors [2009] EWHC 2754 (Admin) (21 October 2009)

The magistrates were wrong to acquit the defendants; lack of consent can be inferred from evidence such as CCTV, and violence does not preclude conviction under section 4 Public Order Act 1986.

Citation
[2009] EWHC 2754 (Admin)
Parties
Claimant: 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
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Common Assault, Public Order Offences, Consent in Assault, Criminal Procedure
Criminal Law Common Assault Public Order Offences Consent in Assault Criminal Procedure

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Parties

Crown Prosecution Service

Claimant

Sajid Shabbir

Defendant

Mohammed Khan

Defendant

Waheed Rathor

Defendant

Abdul Raffique

Defendant

Procedural Posture

Appeal / Judgment

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 victim testimony?
  3. 3 Does actual violence bar conviction under section 4 Public Order Act 1986?

Ratio Decidendi

The magistrates were wrong to acquit the defendants; lack of consent can be inferred from evidence such as CCTV, and violence does not preclude conviction under section 4 Public Order Act 1986.

Court Disposition

appeal allowed

Orders

  • Acquittals set aside; defendants found guilty of offences under section 39 Criminal Justice Act 1988 and section 4 Public Order Act 1986.
  • Observations regarding legal representation to be drawn to appropriate authorities.