QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE SILBER
|DIRECTOR OF PUBLIC PROSECUTIONS||(DEFENDANT)|
Computer-Aided Transcript of the Stenograph Notes of
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MISS V HAYTON (instructed by Hemsleys) appeared on behalf of the CLAIMANT
MR M LEWIS-JONES (instructed by CPS Chester) appeared on behalf of the DEFENDANT
Crown Copyright ©
Thursday, 21st October 2004
II. The Facts
"The decision that I have to make is whether he could be seen by anybody. On the basis of evidence I have heard and seen today I am on the facts satisfied to the required criminal standard that he must have been aware that he could be seen and that if so his behaviour was such that it was likely to cause a person seeing him, harassment, alarm or distress. On that basis I find the case proved and I find him guilty of that offence."
III. The Submissions
"(1) A person is guilty of an offence if he -
(a) uses threatening, abusive or insulting... behaviour, or disorderly behaviour...
Within the hearing or sight of a person likely to be caused harassment, alarm, or distress thereby."
"(1) A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety."