ZN, R v [2013] EWCA Crim 989 (18 June 2013)

ZN, R v [2013] EWCA Crim 989 (18 June 2013)

Section 51(1) of the Criminal Justice and Public Order Act 1994 requires proof that the victim was actually intimidated; absence of such proof precludes conviction for the substantive offence but may support a conviction for attempt if the requisite intent and acts are present.

Citation
[2013] EWCA Crim 989
Parties
Respondent: Regina; Appellant: ZN
Jurisdiction
England and Wales
Judgment Date
18 June 2013
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal allowed in part; conviction for witness intimidation quashed; conviction for attempted witness intimidation substituted; sentence unchanged.
Legal Topics
Witness Intimidation, Attempted Witness Intimidation, Interpretation of S.51(1) Criminal Justice and Public Order Act 1994, Jury Directions, Bad Character Evidence
Criminal Law Witness Intimidation Attempted Witness Intimidation Interpretation of S.51(1) Criminal Justice and Public Order Act 1994 Jury Directions Bad Character Evidence

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Parties

Regina

Respondent

ZN

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether s.51(1) of the Criminal Justice and Public Order Act 1994 requires proof that the victim was actually intimidated
  2. 2 Whether the trial judge misdirected the jury on the requirements of the offence
  3. 3 Whether the judge's intervention in closing speech rendered the trial unfair

Ratio Decidendi

Section 51(1) of the Criminal Justice and Public Order Act 1994 requires proof that the victim was actually intimidated; absence of such proof precludes conviction for the substantive offence but may support a conviction for attempt if the requisite intent and acts are present.

Court Disposition

Appeal allowed in part; conviction for witness intimidation quashed; conviction for attempted witness intimidation substituted; sentence unchanged.

Orders

  • Conviction for witness intimidation quashed
  • Conviction for attempted witness intimidation substituted