Domestic violence conviction upheld in criminal defence case
The case of Higgins v Crown Prosecution Service  EWHC 4129 concerned an appeal against conviction for common assault arising out of a domestic violence case. For criminal defence solicitors, it is a relatively common scenario. The police arrived on the scene and the victim was injured and alleged assault by her partner. Both were present and drunk. The suspect made an admission at the scene. He was arrested and gave a "no comment" interview. The complainant did not make a statement. He was prosecuted on the basis of what was said at the scene, his own throwaway admission and police evidence as to injury. He gave evidence and ran self-defence. He was convicted and appealed to the Divisional Court by way of judicial review. This application was dismissed Mr Justice Hickinbottom found that the district judge was perfectly entitled to convict on the hearsay and circumstantial evidence before him.
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