News & Insights

Sussex Police Officer Successfully Appeals Common Assault Conviction

09/10/2024

A police officer, PC DG, had his criminal conviction quashed on appeal after Stephanie Panchkowry successfully appealed his conviction.

On 30 May 2022, the day after the alleged incident, PC DG was put on restricted duties and then suspended. He was convicted of common assault on 15 May 2023 on a joint enterprise basis following a trial at Brighton Magistrates’ Court. Despite an appeal pending, on 30 August 2023, he was dismissed from the police force without notice following an accelerated misconduct hearing where gross misconduct had been found as a result of the conviction alone.

The conviction related to an incident in May 2022 in Bognor where it was alleged that PC DG and PC DL unlawfully used their PAVA spray on one of the detainees in the back of a police van. Prior to this interaction, the two detainees had been acting in an aggressive manner in Tesco Express, suspected of ABH and criminal damage. CCTV captured the two males in the store, throwing beer and other items at a female staff member, hitting the perspex glass.

PC DG and PC DL attended the scene and were involved in the transportation of the two suspects to the custody suite. The suspects were handcuffed to the rear and placed on the floor of the van. Whilst in the van, one of the males was acting in a disorderly fashion, continuously kicking the back of the cage door and shouting expletives. The officers warned the male that if he continued to kick, he would be sprayed with PAVA spray. The suspect continued to kick. PC DL then sprayed the PAVA spray. PC DG was convicted on a joint enterprise basis.

On 8 October 2024, nearly two and a half years after the alleged offence, PC DG was acquitted and his conviction finally quashed.

Stephanie was instructed by Mark Riley of MJR Solicitors.