Source: All England Reporter
Publisher Citation: [2002] All ER (D) 161 (Jan)
Court: Administrative Court

Owen J

Representation Steven Everett (instructed by Bone & Payne, Llandudno) for the appellant.
  Bethan Japheth (instructed by the Crown Prosecution Service, Colwyn Bay) for the Crown.
Judgment Dates: 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.

The Case

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.

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