Jason Cassie V. Her Majesty's Advocate
| Jurisdiction | Scotland |
| Judge | Lord Hamilton,Lord Justice General,Lord Marnoch |
| Court | High Court of Justiciary |
| Date | 03 October 2003 |
| Docket Number | XC308/02 |
| Published date | 12 November 2003 |
| APPEAL COURT, HIGH COURT OF JUSTICIARY | |
| Lord Justice General Lord Marnoch Lord Hamilton
| Appeal No: XC308/02 OPINION OF THE COURT delivered by THE LORD JUSTICE GENERAL in NOTE OF APPEAL AGAINST CONVICTION by JASON CASSIE Appellant; against HER MAJESTY'S ADVOCATE Respondent: _______ |
Appellant: A. Brown; George Mather & Co.
Respondent: R. Anthony, Q.C., A.D.; Crown Agent
3 October 2003
[1]The appellant, along with his brother Carl Francis Cassie, was convicted after trial in the Sheriff Court at Aberdeen of two charges of aggravated assault. According to the terms of the first of these charges, he punched Stephen Elliot on the head and repeatedly kicked him on the head, all to his injury. According to the second, he repeatedly kicked Robert James Lewis on the head and repeatedly stamped on his head, all to his severe injury.
[2]Before coming to the grounds of appeal, it is convenient to set out a short summary of the evidence. The two complainers and a third man, Martin Welsh, who were all employed in the offshore oil industry, had spent the evening in Aberdeen having a meal and visiting a number of public houses until about 1 o'clock in the morning. Mr. Elliot gave evidence that while walking up Windmill Brae with his companions he was aware of a gang of youths on the opposite side of the road. One of them appeared to attack Mr. Welsh, who was in distress. Mr. Elliot went forward and tried to push away the youth with his hand. Then a group of youths circled round him and his companions. He felt one of the youths at his back and continued to push away the one who had been aggressive towards Mr. Welsh. Thereafter he could remember nothing until he woke up in an ambulance. Mr. Lewis described in evidence a number of youths who were screaming as he was walking up Windmill Brae with Mr. Elliot and Mr. Welsh. He saw Mr. Elliot knocked down and his face bleeding. Then the witness was knocked down and lost consciousness. He remembered both the appellant and the co-accused being present. Mr. Welsh described seeing a group of youths running from a fast food outlet in Windmill Brae, shouting and bawling. He had not paid much attention to them until they began shouting at him and his companions. After one of them began to speak to him aggressively he felt a punch on the back of his head and a push. He said that Mr. Elliot was attacked by two of the youths, and thereafter all five of the youths attacked Mr. Elliot, Mr. Lewis and himself. He identified their ringleader as the appellant, describing him as very aggressive, punching and kicking and egging everybody on. Mr. Elliot was kicked while on the ground. He also recognised the co-accused as one of the youths who was involved in the fighting. He described Mr. Lewis running across the road and being followed and brought down by the co-accused. He was thereafter kicked and punched. The appellant was involved in that attack, being described by Mr. Welsh as very aggressive and jubilant. After the witness had got Mr. Lewis and Mr. Elliot together, Mr. Lewis was again assaulted and rendered unconscious. In the last stages of the incident the appellant was goading the witness, who restrained him by holding him by the throat.
[3]The Crown also led the evidence of two bystanders. Alastair Dewar saw one man knocked down against a wall and a young man, whom he identified as the appellant, jumping on his head. Brian Leith described seeing about five youths running around and kicking someone on the road. He saw someone, whom he identified as the appellant, kick and stamp on a person who was lying in the road. None of the persons in the appellant's group was being attacked.
[4]Prior to the trial the appellant had given notice of certain special defences. In regard to each of the charges he had intimated a special defence of self-defence, in which he pleaded that he had been acting in defence of the co-accused, who was assaulted by each of the complainers, to the extent of punching and struggling with each of them. He had also given notice of a special defence of incrimination in regard to the second charge, that "if anyone assaulted the complainer by kicking him repeatedly on the head or stamping on his head", this was committed not by him but by a Stuart Joss.
[5]The appellant gave evidence in his own defence. He stated that during the course of the evening he had been in company with Stuart Joss and two or three other young men. When he came out of a public house he became aware of shouting and arguing. He and the co-accused, who was worried about a friend, decided to join in. When the co-accused walked up to see if his friend was all right he was lunged at, and a punch was thrown at him. The appellant confronted the person who had thrown a punch at the co-accused. A "bigger bloke", whom he identified as Mr. Elliot, had the co-accused in a headlock. The appellant described the co-accused as being on his knees on the ground. He was grabbing the co-accused, punching Mr. Elliot's back two or three times. When Mr. Elliot let go of the co-accused, another man grabbed him by the neck. The appellant described himself as shouting and emotional. He accepted that he could have lashed out with a foot when...
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