AG v Capuano [2003] JRC 211 (18 November 2003)

AG v Capuano [2003] JRC 211 (18 November 2003)

There is no evidence that the defendant's conduct, including the brandishing of a replica BB gun, amounted to affray because the toy gun was not a fearful or dangerous weapon and the circumstances did not amount to a violent breach of the peace.

Citation
[2003] JRC 211
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
18 November 2003
Procedural Posture
Criminal / Submission of No Case to Answer / Directed Verdict
Outcome
Submission of no case to answer upheld; directed verdict of not guilty on affray charge.
Legal Topics
Affray, Assault, Weapons Offences, Breach of the Peace
Criminal Law Affray Assault Weapons Offences Breach of the Peace

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Submission of No Case to Answer / Directed Verdict

Legal Issues

  1. 1 Whether the defendant's conduct constituted the offence of affray under Jersey law
  2. 2 Whether the brandishing of a replica BB gun amounts to the brandishing of a fearful weapon for the purposes of affray

Ratio Decidendi

There is no evidence that the defendant's conduct, including the brandishing of a replica BB gun, amounted to affray because the toy gun was not a fearful or dangerous weapon and the circumstances did not amount to a violent breach of the peace.

Court Disposition

Submission of no case to answer upheld; directed verdict of not guilty on affray charge.

Orders

  • Defendant discharged from the charge of affray.
  • Defendant remanded for sentencing on two counts to which he pleaded guilty.