[2010] EWHC 994 (Admin)

Magistrates had been wrong to convict an individual of affray contrary to the Public Order Act 1986 s.3, following her issuing a threat to her partner in a bathroom in an otherwise unoccupied house. There was no possibility of a hypothetical bystander fearing for his safety as the exchanges were personal and restricted to turbulence between the couple, and so could not have given rise to a fear of unlawful violence to anyone else.

DC (Pill LJ, Rafferty J)

16/04/2010