R v Shaun Nicholas Integrity

R v Shaun Nicholas Integrity

No agreement existed between prosecution and defence on the reasonableness of force. The issue was addressed in evidence and closing speech. The legal direction given was full and correct, and does not render the conviction arguably unsafe.

Parties
Applicant: Shaun Nicholas Integrity; Respondent: Service Prosecuting Authority
Jurisdiction
England and Wales
Judgment Date
06 May 2024
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction
Outcome
Application dismissed
Legal Topics
Assault Occasioning Actual Bodily Harm, Self Defence, Court Martial Procedure, Appeal Grounds
Criminal Law Military Law Assault Occasioning Actual Bodily Harm Self Defence Court Martial Procedure Appeal Grounds

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Parties

Shaun Nicholas Integrity

Applicant

Service Prosecuting Authority

Respondent

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 prosecution
  2. 2 Whether the conviction is unsafe due to alleged misdirection

Ratio Decidendi

No agreement existed between prosecution and defence on the reasonableness of force. The issue was addressed in evidence and closing speech. The legal direction given was full and correct, and does not render the conviction arguably unsafe.

Court Disposition

Application dismissed