R (B) v DPP (2009) EWHC 106 (Admin): Difference between revisions
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''The decision to discontinue a prosecution for wounding with intent and witness intimidation, on the basis that the victim's mental illness meant he could not be placed before the jury as a credible witness, was irrational; s49A Disability Discrimination Act 1995 added nothing to the ordinary position under public law principles; there had been a breach the positive obligation under Article 3 (which | ''The decision to discontinue a prosecution for wounding with intent and witness intimidation, on the basis that the victim's mental illness meant he could not be placed before the jury as a credible witness, was irrational; s49A Disability Discrimination Act 1995 added nothing to the ordinary position under public law principles; there had been a breach the positive obligation under Article 3 (which includes the duty to provide a legal system for bringing to justice those who commit serious acts of violence against others) and £8000 was awarded in compensation.'' | ||
==Other== | ==Other== | ||
Revision as of 22:06, 2 February 2009
The decision to discontinue a prosecution for wounding with intent and witness intimidation, on the basis that the victim's mental illness meant he could not be placed before the jury as a credible witness, was irrational; s49A Disability Discrimination Act 1995 added nothing to the ordinary position under public law principles; there had been a breach the positive obligation under Article 3 (which includes the duty to provide a legal system for bringing to justice those who commit serious acts of violence against others) and £8000 was awarded in compensation.
Other
Hearing dates: 19-21 November 2008
Judgment: 27 January 2009
Before: Toulson LJ, Forbes J
Paul Bowen and Alison Macdonald (instructed by Bindmans LLP) for the Claimant
David Perry QC and Clair Dobbin (instructed by the Treasury Solicitor) for the Defendant