QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE DAVIS
|DIRECTOR OF PUBLIC PROSECUTIONS||(DEFENDANT)|
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2. The background details are set out very fully and helpfully in the case stated. The evidence given by M, who was at the time a student aged 18, was summarised at some length. He described how he was attacked at some stage by various Asian boys and how he was struck. He made references to various weapons being used and described how he fell to the ground. He described also the nature of the injuries he suffered which included cuts and bruises.
"(a) As regards the initial attack involving a metal bar and a metal box, we had heard no evidence linking [H] to this incident.
(b) However, it was agreed that [H] was present towards the end of this incident and that he chased [M].
(c) We found compelling the evidence of the PC and the PCSO, who both had a very clear view, that [H] forced [M] to the ground and that his head struck the road.
(d) We have heard evidence that [M] sustained a number of cuts and bruises to his head. While many of these injuries clearly related to the earlier incident, we found it inconceivable that his striking his head on the road would not have caused actual bodily harm to [M].
(e) S accepted that he was chasing [M] but stated that he never made contact with him, and that [M] tripped and fell backwards."
The justices said:
"(f) We did not find [H]'s account of events credible."
The justices went on to say in terms:
"(g) ..... we did not believe [H]."
"(a) [H] chased [M] with the intention of assaulting him;
(b) [H] assaulted [M] by forcing him to the ground, causing his head to strike the road;
(c) actual bodily harm was caused thereby."