Attorney General v Capuano

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Bailhache, Bailiff
• Judgment Date: 18 November 2003
• Date: 18 November 2003

ROYAL COURT

Bailhache, Bailiff

A.J. Belhomme, Crown Advocate, for the Crown;

D. Cadin for the defendant.

Cases cited:

(1) R. v. Scarrow (1968), 52 Cr. App. R. 591, dictum of Lord Parker, C.J. referred to.

(2) Taylor v. D.P.P., [1973] A.C. 964; [1973] 2 All E.R. 1108, dicta of Lord Hailsham, L.C., applied.

Additional cases cited by counsel

A. G. v. Shewan, 1998 JLR N-8; on appeal, sub nom.Shewan v. A. G., 1999 JLR N-13.

Button v. D.P.P., [1966] A.C. 591, [1965] 3 All E.R. 587.

R. v. Malashev, [1997] Crim. L.R. 587.

R. v. Smith (Christopher Floyd), [1997] 1 Cr. App. R. 14.

R. v. Summers (1972), 56 Cr. App. R. 604.

Text cited

Archbold, Criminal Pleading, Evidence & Practice, para. 4-293, at 436 (2003 ed.).

Criminal Procedureprosecution casecase to answerno case to answer when, even if evidence accepted, no evidence on which reasonable jury properly directed can convict

Criminal Lawaffrayelements of offence(a) fighting by one or more or display of force by one or more without actual violence; (b) in such manner that reasonable people might be frightened or intimidatedunlawful participation in violent breach of peace normally required

The accused was charged with the offence of affray.

When asking M for a job, the accused used abusive language, gave an aggressive display whilst pretending to fight and then kicked him. Five minutes later, he pointed a replica BB gun at both M and another from a car. The accused was charged with several offences including affray.

Although he entered guilty pleas to two other counts, the accused made a submission of no case to answer to the charge of affray on the grounds that (a) although there was some evidence of fighting, there was no evidence that anyone was put in terror; and (b) the pointing of a replica gun was not capable of amounting to brandishing a fearful weapon because it was a child's toy which was freely available on the Island.

Held, upholding the submission of no case to answer:

(1) A submission of no case to answer would be allowed and a directed verdict taken from the jury as, even if the evidence adduced were accepted, there was no evidence on which a reasonable jury properly directed could convict. Although there was some evidence of fighting, the basic elements of affray, namely (a) fighting by one or more persons or a display of force by one or more persons without actual violence, (b) in such a manner that reasonable people might be frightened or intimidated, had not...