McAuliffe v Director of Public Prosecutions

Where a defendant relies on self-defence, a court may convict of assault if it finds that the defendant used excessive force, even though the complainant denies initiating or threatening an attack and the court does not accept all of the complainant’s evidence. Magistrates may accept parts of each witness’s evidence. A case stated must set out the facts found and all relevant material facts, since an inadequate statement may require remittal for further facts to be found.

The claimant appealed by way of case stated from his conviction at Barking Magistrates’ Court for common assault contrary to Criminal Justice Act 1988, section 39. The magistrates found that the complainant had attacked or threatened the claimant, but that he had used more force than was reasonable when pushing her away. The central question was whether conviction was open to the magistrates where the complainant denied conduct giving rise to self-defence and her evidence was not wholly accepted.

1. Appeal dismissed. The Divisional Court held that the magistrates were entitled to convict on the basis that the claimant had used excessive force in self-defence.
2. The magistrates were entitled to accept part of the evidence of one witness and part of the evidence of another. They were not required to accept either witness’s evidence in its entirety.
3. On the facts found, the magistrates were entitled to conclude that there had been an attack or threatened assault by the complainant, followed by excessive retaliatory force when the claimant pushed her away. That conclusion supported the conviction for assault.
4. The court criticised the form of the case stated. Under rule 26(5) of the Crown Court Rules 1982, a case stated ought to set out the facts found. The parties should also ensure that all relevant facts are included. Failure to do so may result in remittal for further facts to be found.
5. No order was made for costs or in relation to the representation order.

• High Court (Administrative Court): Appeal by case stated dismissed.
• Barking Magistrates’ Court: Conviction for common assault recorded on 30 January 2003.