Marsden v Crown Prosecution Service
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE STEWART
Areas of Law
- Criminal Law and Procedure
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The court examined whether there was sufficient evidence to find that consent was given for an officer to enter Marsden's property, whether the consent was still effective when the officer re-entered, and whether the appellant's words terminated the consent. The findings confirmed the initial consent, its enduring nature, and that the appellant's words did not revoke the consent. The appeal was dismissed.
Judgment
Mr Justice Stewart :
Introduction
On 13 December 2013 the Appellant, John Henry Marsden, was convicted by the Newton Aycliffe Magistrates of the following offence:
On 26 July 2013 at Shildon in the County of Durham resisted PC 1340 Lowe a constable in the execution of his duty, contrary to section 89(2) of the Police Act 1996 .
Mr Marsden appealed against that conviction by way of Case Stated. His daughter Linda Louise Marsden was convicted of the same offence and of a similar offence involving the obstruction of PC 2283 Littlefair in the execution of his duty. She has not appealed her convictions, although she is described in the Case Stated by the Justices as the 2 nd Appellant.
The Case Stated by the Justices
The Case Stated runs to a number of pages. The extracts which need to be fully set out are the following:
“2. We heard the said information on the 16 th day of December and the 13 th day of December 2013 and found the following facts:”
a) PC Lowe, Act SSgt Littlefair, and PCSO Robson were flagged down whilst on routine patrol in Dent Street on 26 th July, 2013, by Ms Hopper, (the partner of the 1 st Appellant). The 2 nd Appellant arrived shortly after.
b) Ms Hopper was demanding the Police remove the 1 st Appellant from their home and was relaying partial details relating to a domestic dispute.
c) PC Lowe entered the premises with the consent of Ms Hopper to speak with the 1 st Appellant but was unable to rouse him from the couch upon which he slept.
d) PC Lowe left the property and resumed speaking with Ms Hopper. He recommended that Ms Hopper sleep at her daughter’s house, (the 2 nd Appellant) who lived nearby. Ms Hopper refused to leave and continued to demand the removal of the 1 st Appellant. The 2 nd Appellant became agitated, used obscenities towards Act SSgt Littlefair and supported her mother in the desire to have the 1 st Appellant removed. Both Ms Hopper and the 2 nd Appellant were under the influence of alcohol.
e) PC Brown, who was on plain clothes duty in the area, entered the street from the back alley having heard raised voices. He approached and realised Ms Hopper and the 2 nd Appellant were shouting and screaming at PC Lowe, Acting SSgt Littlefair and PCSO Robson, to get the 1 st Appellant out of the house.
f) The 1 st Appellant woke up and from within the property shouted towards PC Lowe, who was stood directly outside the front window to the house, “what do you want you daft cunt”. The shouting of these wo