Connolly v Director of Public Prosecutions, Court of Appeal - Administrative Court, February 15, 2007, [2007] EWHC 237 (Admin)

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Connolly v Director of Public Prosecutions, Court of Appeal - Administrative Court, February 15, 2007, [2007] EWHC 237 (Admin)

Neutral Citation Number: [2007] EWHC 237 (Admin)

Case No: CO/8492/2006

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 15/02/2007

Before :

LORD JUSTICE DYSON

And

MR JUSTICE STANLEY BURNTON

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Between :

| |Veronica Connolly |Claimant |

| |- and - | |

| |Director of Public Prosecutions |Defendant |

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Paul Diamond (instructed by Messrs Mark Williams Associates) for the Claimant

Mark Wall QC and Daniel White (instructed by Director of Public Prosecutions) for the Defendant

Hearing dates: 23rd January 2007

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Judgment

Lord Justice Dyson:

1. This is an appeal by way of case stated from a decision of His Honour Judge Cole sitting with magistrates at Coventry Crown Court on appeal from a decision of the justices for the Metropolitan Borough of Solihull, West Midlands on three informations preferred against Mrs Connolly by the DPP in respect of offences contrary to section 1(1)(b) and (4) of the Malicious Communications Act 1988 (“the 1988 Act”).

2. So far as material, section 1 of the 1988 Act provides:

“(1) Any person who sends to another person-

(a) a letter or other article which conveys-

(i) a threat; or

(ii) information which is false and known or believed to be false by the sender; or

...

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