Judicial Review of Conviction for Simple Assault where Charge Alleges Assault by Beating

摘要

On 24 January 2012 Leicester Magistrates' Court convicted the claimant, Kracher, of assault. The prosecution case was that on 18 March 2011 there was a disagreement between Kracher and another road user, Aba, as to whether or not Aba was blocking the road. An altercation ensued in a car park behind a block of flats. During this altercation, Kracher was alleged to have punched Aba on the arm and said, 'Fuck off. If you come round the back I will beat you up'. Kracher was charged with common assault contrary to s. 39 of the Criminal Justice Act 1988. The Crown put its case on the basis of the punch and not the threat. However, on the evidence, the justices were not sure that a punch had been delivered, but were sure that the conduct of Kracher was such that the words used amounted to a threat of immediate violence; it was on this basis that Kracher was convicted.