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
Summary, issues, holding and outcome
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Parties
Regina
Respondent
ZN
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether s.51(1) of the Criminal Justice and Public Order Act 1994 requires proof that the victim was actually intimidated
- 2 Whether the trial judge misdirected the jury by relying on R v Patrascu
- 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
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