Valentine, R. v

Valentine, R. v

The conviction on count 2 is unsafe because the son, to whom racial hostility was demonstrated, was not the victim of the underlying section 4A offence, as there was no evidence of distress to him; the conviction on count 2 is quashed and substituted with a conviction for the basic section 4A offence. The conviction...

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Toni Valentine
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Racially Aggravated Offences, Religiously Aggravated Offences, Intentional Harassment, Public Order Offences, Indictment Amendment, Bad Character Evidence
Criminal Law Racially Aggravated Offences Religiously Aggravated Offences Intentional Harassment Public Order Offences Indictment Amendment Bad Character Evidence

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Toni Valentine

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the amendment to count 2 of the indictment was proper and lawful
  2. 2 Who is the 'victim' for the purposes of section 28 of the Crime and Disorder Act 1998
  3. 3 Whether the conviction on count 2 is unsafe due to misdirection on the victim of the aggravated offence

Ratio Decidendi

The conviction on count 2 is unsafe because the son, to whom racial hostility was demonstrated, was not the victim of the underlying section 4A offence, as there was no evidence of distress to him; the conviction on count 2 is quashed and substituted with a conviction for the basic section 4A offence. The conviction on count 1 is safe as the evidence was properly admitted and the counts were properly joined.

Court Disposition

appeal allowed in part

Orders

  • Conviction on count 2 quashed and substituted with conviction for basic offence under section 4A of the Public Order Act 1986
  • Sentence on both counts reduced to 9 months community order concurrent