Integrity, R. v [2024] EWCA Crim 620 (23 May 2024)

Integrity, R. v [2024] EWCA Crim 620 (23 May 2024)

There was no agreement between the parties that the force used was reasonable, and the issue of reasonable force was live in the trial. The Deputy Judge Advocate's direction was correct and necessary. No misdirection occurred that could render the conviction unsafe.

Citation
[2024] EWCA Crim 620
Parties
Prosecution: Rex; Applicant: Shaun Nicholas Integrity
Jurisdiction
England and Wales
Judgment Date
23 May 2024
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction
Outcome
application dismissed
Legal Topics
Self Defence, Assault Occasioning Actual Bodily Harm, Court Martial Procedure, Jury Directions
Criminal Law Military Law Self Defence Assault Occasioning Actual Bodily Harm Court Martial Procedure Jury Directions

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Parties

Rex

Prosecution

Shaun Nicholas Integrity

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction

Legal Issues

  1. 1 Whether the Deputy Judge Advocate erred in directing the Board on the reasonableness of force used when it was not advanced by the prosecution
  2. 2 Whether the conviction is unsafe due to the alleged misdirection

Ratio Decidendi

There was no agreement between the parties that the force used was reasonable, and the issue of reasonable force was live in the trial. The Deputy Judge Advocate's direction was correct and necessary. No misdirection occurred that could render the conviction unsafe.

Court Disposition

application dismissed

Orders

  • Renewed application for permission to appeal against conviction is dismissed.
  • No extension of time considered.