||All England Reporter
|| All ER (D) 161 (Jan)
||Steven Everett (instructed by Bone & Payne, Llandudno) for the appellant.
||Bethan Japheth (instructed by the Crown Prosecution Service, Colwyn Bay) for the Crown.
||23 January 2002
Criminal evidence - Identity - Visual identification - Complainant attacked by member of group - Complainant giving visual description of attacker - Appellant described by witness in similar terms - Identity parade not held - Justices convicting appellant in absence of evidence excluding other members of group - Whether justices in error.
In an appeal by way of case stated against a conviction for an assault occasioning actual bodily harm, contrary to of the Offences Against the Person Act 1861, where the appellant had been part of a group of youths, one of whom assaulted the complainant, and a description given by the complainant was in similar terms to a description of the appellant, it was held that the justices could not have reasonably concluded that the appellant had assaulted the complainant in the absence of evidence to exclude the other members of the group of youths.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary