Director of Public Prosecutions, R (on the application of) v Kavanagh

Director of Public Prosecutions, R (on the application of) v Kavanagh

The magistrates erred in law by failing to draw adverse inferences from the defendant's silence without sufficient evidential basis, and by making a positive finding that the defendant did not act deliberately when the prosecution evidence was clear and uncontradicted and no defence evidence was called.

Parties
Claimant: Director of Public Prosecutions; Defendant: Shaun Kavanagh
Jurisdiction
England and Wales
Judgment Date
22 April 2005
Procedural Posture
Criminal Appeal (case Stated) / High Court Judgment on Appeal From Magistrates' Acquittal
Outcome
appeal allowed
Legal Topics
Assaulting a Police Officer, Drawing Adverse Inferences From Silence, Burden of Proof, Mental Condition of Accused, Case Stated Procedure
Criminal Law Judicial Review Assaulting a Police Officer Drawing Adverse Inferences From Silence Burden of Proof Mental Condition of Accused Case Stated Procedure

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Shaun Kavanagh

Defendant

Procedural Posture

Criminal Appeal (case Stated) / High Court Judgment on Appeal From Magistrates' Acquittal

Legal Issues

  1. 1 Whether magistrates were entitled not to draw adverse inferences from the defendant's silence at trial under section 35 Criminal Justice and Public Order Act 1994
  2. 2 Whether magistrates were entitled to find the defendant did not act deliberately in the absence of defence evidence
  3. 3 Whether magistrates properly considered recklessness

Ratio Decidendi

The magistrates erred in law by failing to draw adverse inferences from the defendant's silence without sufficient evidential basis, and by making a positive finding that the defendant did not act deliberately when the prosecution evidence was clear and uncontradicted and no defence evidence was called.

Court Disposition

appeal allowed

Orders

  • Case remitted to be heard by a fresh bench of magistrates or by a criminal district judge