Skelton, R (On the Application Of) v Winchester Crown Court

Skelton, R (On the Application Of) v Winchester Crown Court

The Crown Court's refusal to state a case was lawful because the questions raised were not questions of law but of fact, and the court's findings—that Ms Skelton kicked the PCSO in retaliation, not self-defence—were open to it on the evidence. The defence of self-defence was not supported by the facts as found, and the lawfulness of the force used to remove her was not relevant to the conviction.

Parties
Claimant: Teresa Skelton; Defendant: Winchester Crown Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
05 December 2017
Procedural Posture
Judicial Review / Judgment
Outcome
Claim for judicial review dismissed
Legal Topics
Common Assault, Self Defence, Appeal by Case Stated, Findings of Fact, Judicial Review of Crown Court Decisions
Criminal Law Judicial Review Common Assault Self Defence Appeal by Case Stated Findings of Fact Judicial Review of Crown Court Decisions

Case Brief

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Parties

Teresa Skelton

Claimant

Winchester Crown Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Crown Court lawfully refused to state a case for the opinion of the High Court after convicting the claimant of common assault
  2. 2 Whether the Crown Court failed to consider the defence of lawful self-defence on the evidence

Ratio Decidendi

The Crown Court's refusal to state a case was lawful because the questions raised were not questions of law but of fact, and the court's findings—that Ms Skelton kicked the PCSO in retaliation, not self-defence—were open to it on the evidence. The defence of self-defence was not supported by the facts as found, and the lawfulness of the force used to remove her was not relevant to the conviction.

Court Disposition

Claim for judicial review dismissed

Orders

  • The claim for judicial review is dismissed.