QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE MADDISON
|CROWN PROSECUTION SERVICE||Defendant|
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Ms P Lees (instructed by CPS) appeared on behalf of the Defendant
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"1. Whether we adopted the correct burden and standard of proof in the case?
2. Whether that burden and standard of proof was adopted properly in our consideration of the case?"
"A struggle ensued and the Defendant said he acted in a way which caused it to escalate. As to what happened next and why, we are not sure. We tend to believe the officers and therefore find the Defendant guilty on both charges."
"Struggle ensued. Def said he acted in way to cause it to escalate. We cannot be sure what happened next and why, but we find PCs evidence believable."
That corresponds quite closely with the note made by Mr Clarke.
"In giving our reasons we stated that we had found that a struggle had ensued and that the appellant acted in a way to cause it to escalate. We went on to say that we could not be sure what exactly happened next and why but we find the officers' evidence believable."
Interestingly, in the draft statement of case the magistrates went on with the words "... and were sure that the assaults occurred", but those words do not appear in the final version of the case stated.