Assault appeal dismissed

Thursday 30 November 2023

A man has lost an appeal against his conviction for assault because the Lieutenant Bailiff said he cannot interfere with the Magistrate's decision which was "wholly rational".

Craig Le Sauvage was convicted of assault in April this year, following incidents which occurred in September 2022.

He lodged his appeal - which was heard by Judge Russell Finch sitting as Lieutenant Bailiff - on the basis that "the assault didn’t happen [she] is perverting the cause (sic) of justice" adding that his conviction was "unsafe" with "no evidence”.

Judge Finch disagreed, saying "this was a short case" with "no legal issues".

Le Sauvage had been convicted of a "technical assault" which happened on licensed premises and was captured on CCTV. He was seen "visibly poking and prodding" his female victim. The second offence took place later the same day and involved Le Sauvage grabbing the complainant, pulling her out of a car and pulling her across a driveway by the arm.

Judge Finch recalled the words of the trial judge in the Magistrate's Court who had said that Le Sauvage's victim “has not pulled the wool over my eyes and has basically told the truth”.

The trial judge also said they had found her to be truthful and the defendant not to be. 

Le Sauvage was denied his appeal because Judge Finch agreed with the findings of the trial judge.

He wrote in his judgment: "As the Judge in the Magistrate’s Court saw and assessed the witnesses and came to a conclusion on whether they were truthful or not, his conclusions cannot be considered susceptible to challenge, unless plainly wrong. There was evidence before the Magistrate’s Court that entitled the Judge to make the decision he did, and this decision was reasoned, as well as applying familiar legal principles correctly. The Royal Court cannot interfere with his conclusions based, as they were, on findings he was entitled to come to, and which were wholly rational."

The appeal was therefore dismissed.