Practice and Procedure

R v ZN (2013)

PUBLISHED June 18, 2013

[2013] EWCA Crim 989

Contrary to the observation in R. v Patrascu (Andrew) [2004] EWCA Crim 2417, [2005] 1 W.L.R. 3344, in order to secure a conviction for witness intimidation under the Criminal Justice and Public Order Act 1994 s.51(1), the Crown had to show that the victim whom an offender intended to intimidate was in fact intimidated, because the act of intimidation was part of the actus reus of the offence and therefore had to be proved. If the victim was not intimidated, but the other ingredients of the offence were proved, then the offender might be guilty of attempted witness intimidation.

CA (Crim Div) (Leveson LJ, Rafferty LJ DBE, Foskett J, Hickinbottom J)