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Flying sausage case hits snag, dropped like hot potato

A flying sausage and a dubious chicken drumstick have found themselves at the centre of a recent court case brought by a woman who sustained an eye injury after an overly zealous food…

February 16, 2011 By Lawyers Weekly
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A flying sausage and a dubious chicken drumstick have found themselves at the centre of a recent court case brought by a woman who sustained an eye injury after an overly zealous food fight.

Metro reports that 24-year-old Briton Candice Whybrow was injured when she copped an airborne sausage in the eye at a house party, and later sought to have the sausage flinger and party host, 22-year-old Ashley Brearey, charged with assault causing grievous bodily harm.

But the case, like the sausage, has been dropped over fears it could damage the reputation of the judicial process.

While expressing sympathy for the victim's plight, Judge Anthony Goldstaub QC urged the Crown Prosecution Service (CPS) to rethink the charge and the consequences of Brearey being found guilty of assault by sausage.

"I have concerns on four points: public interest; the prospect of conviction; the dignity of the court and the prosecution process," said the judge.

He also pointed out there were serious doubts over whether a jury would bring a conviction.

Adding to the case's intrigue, Whybrow's barrister had earlier told a hearing that no-one could be entirely certain that the offending meat product was actually a sausage, as witnesses had reported seeing a suspicious-looking chicken drumstick lying next to the victim after the incident.

Goldstaub added that the case had the potential to generate many a snicker, and perhaps unbridled laughter, from the public. "The case is stale, if not the sausage," he quipped.

The CPS thus offered no evidence for the case and Brearey was found not guilty and discharged.

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