QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE SILBER
|MARK JOHN MCAULIFFE||(CLAIMANT)|
|DIRECTOR OF PUBLIC PROSECUTIONS||(DEFENDANT)|
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MR T SPENCER (instructed by Crown Prosecution Service) appeared on behalf of the DEFENDANT
Crown Copyright ©
"Where the complainant of an assault denies acting in a way which would give rise to self defence, and we were not wholly convinced by her evidence; and the defendant, in his defence, alleges self defence and the use of reasonable force, was it open to us to convict the defendant of assault on the basis of using excessive force in self defence?"
"The [prosecution] had proved, by adducing evidence of the injuries sustained by Miss Jillions, that the appellant had not acted in self defence when pushing Miss Jillions away, but had used more force than was reasonably necessary in the circumstances, and we therefore found the appellant guilty of common assault."