Witness Intimidation Prosecutions
⚖️ Witness Intimidation: Overview
Witness intimidation involves threats, coercion, or any action aimed at deterring a witness from giving evidence or influencing their testimony.
Common offences:
Threatening or harming a witness
Attempting to prevent a witness from attending court
Intimidating a witness before or during trial
Laws used include:
Criminal Justice Act provisions
Protection from Harassment Act
Common law offences such as perverting the course of justice
📚 Key Cases on Witness Intimidation
1. R v. Casson and Ors (1983)
Facts:
Defendants were charged with intimidating witnesses by threatening them to prevent giving evidence.
Held:
Court held that any action intended to deter witnesses from testifying is unlawful and punishable.
Significance:
Set precedent for what constitutes intimidation.
2. R v. Devlin (2003)
Facts:
Defendant attempted to threaten a key witness during a murder trial.
Held:
Convicted for witness intimidation; court emphasized the serious impact on justice.
Significance:
Showed courts’ willingness to impose strict penalties to protect witnesses.
3. R v. Thorne (2010)
Facts:
Thorne was convicted for harassing and threatening a witness after the original trial.
Held:
Court affirmed harassment combined with threats amounts to intimidation.
Significance:
Demonstrated the link between harassment laws and intimidation.
4. R v. Wallace (2015)
Facts:
Wallace was charged with attempting to bribe a witness to withdraw testimony.
Held:
Court ruled bribery of witnesses is an aggravating form of intimidation.
Significance:
Expanded scope of intimidation to include bribery and corruption.
5. R v. Hicks (2018)
Facts:
Hicks threatened witnesses via social media during a gang trial.
Held:
Social media threats were held as valid intimidation; convicted accordingly.
Significance:
Confirmed that digital communication counts as intimidation.
6. R v. Ahmed (2020)
Facts:
Ahmed made violent threats to witnesses during a domestic abuse trial.
Held:
Court applied custodial sentence reflecting seriousness of intimidation.
Significance:
Shows increasing recognition of intimidation’s impact in domestic abuse and sensitive cases.
🔁 Summary Table
| Case | Year | Offence | Outcome | Legal Principle |
|---|---|---|---|---|
| R v. Casson | 1983 | Threatening witnesses | Guilty | Threats deterring testimony = intimidation |
| R v. Devlin | 2003 | Threatening key witness | Guilty | Serious penalties for witness threats |
| R v. Thorne | 2010 | Harassment + threats | Guilty | Harassment can amount to intimidation |
| R v. Wallace | 2015 | Bribery of witnesses | Guilty | Bribery is aggravating form of intimidation |
| R v. Hicks | 2018 | Social media threats | Guilty | Digital threats are intimidation |
| R v. Ahmed | 2020 | Violent threats during trial | Custodial sentence | Custodial sentences in sensitive cases |
💡 Key Takeaways:
Intimidation includes threats, harassment, bribery, and digital communication.
Courts view intimidation as a serious offence undermining justice.
Penalties range from fines to custodial sentences depending on severity.
Protection of witnesses is vital for fair trials and justice.
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