ZN, R v

ZN, R v

The offence of witness intimidation under s.51(1) requires proof that the victim was actually intimidated; as this was not proved, the conviction for witness intimidation was quashed and substituted with attempted witness intimidation.

Parties
Respondent: Regina; Appellant: ZN
Jurisdiction
England and Wales
Judgment Date
18 June 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
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

Case Brief

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Parties

Regina

Respondent

ZN

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

  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 by relying on R v Patrascu
  3. 3 Whether the judge's interruption of closing speech affected fairness of trial

Ratio Decidendi

The offence of witness intimidation under s.51(1) requires proof that the victim was actually intimidated; as this was not proved, the conviction for witness intimidation was quashed and substituted with attempted witness intimidation.

Court Disposition

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