03/02/2020
Stocker v Stocker [2019] UKSC 17 (3 April 2019)
hand around her neck. Unsurprisingly, he was content to go along with a suggestion put to him by a
police officer that he had not “maliciously grabbed her around the throat or tried to assault her”.
11.
At no point did Mr Stocker claim that he had grasped his wife by the throat in order to secure
his hand covering her mouth or to prevent her from wrenching free from his grasp. Nor did he
suggest that he could not have prevented her from shouting simply by placing his hand over her
mouth. It is to be noted that he had admitted to police that he had alighted from the stool or chair. If
that statement was accurate and truthful, he was therefore on the same level as his wife. Yet, the
judge rejected Mr Stocker’s evidence that he had simply put his hand over his wife’s mouth. Mitting
J considered that a further hand (on the neck) was needed to secure the grip on Mrs Stocker’s mouth.
This conclusion seems to have been premised on Mr Stocker remaining on the chair. (And, in
fairness to the judge, it seems that Mr Stocker so claimed in evidence.)
12.
If other considerations had not supervened, there might well have been an issue as to
whether it was open to the judge to reach the conclusion which he did, particularly because that
conclusion is more benevolent to Mr Stocker than any version of the facts which he could reasonably
have advanced. It seeks to explain the red marks on a basis which Mr Stocker has never argued for.
In the event, however, it is unnecessary to deal with that matter because of the conclusions that I
have reached on other issues and, since it had not been argued that the judge’s finding on this point
was one which he should not have made, I say nothing more about it.
13.
The judge began his discussion about the meaning to be given to the statements said to be
defamatory by referring to the well-known case of Jeynes v News Magazines Ltd [2008] EWCA Civ
130 and cited the eight propositions made in that case by Sir Anthony Clarke MR in para 14. The
judge also quoted the supplementary qualification to those propositions provided by Sharp LJ in
Rufus v Elliott [2015] EWCA Civ 121, para 11. (Both authorities will be considered below.)
14.
Having considered these judicial pronouncements, Mitting J said that he did not understand
that either authority indicated that, in order “to confirm the meaning in ordinary usage of a single
English word”, it was impermissible to refer to “an authoritative English dictionary such as the
Oxford English Dictionary.” He then referred to the two dictionary definitions which I have set out at
para 7 above and continued at para 36:
“If the defendant had said ‘he strangled me’, the ordinary reader would have
understood her to have used the word in the second sense for the obvious reason
that she was still alive. But the two Facebook comments cannot have been
understood to refer to ‘trying’ to strangle her in that sense because, as she said,
the police had found handprints on her neck. These could only have been caused
by the painful constriction of her neck or throat. If understood in that sense, she
could not have been taken to have said that the defendant had tried to strangle
her because he had succeeded. The ordinary reader would have understood that
the defendant had attempted to kill her by external compression of her throat or
neck with his hands and/or fingers.”
15.
It is clear from this passage of his judgment that the trial judge had confined the possible
meaning of the statement, “he tried to strangle me” to two stark alternatives. Either Mr Stocker had
tried to kill his wife, or he had constricted her neck or throat painfully. In the judge’s estimation, the
https://www.bailii.org/uk/cases/UKSC/2019/17.html
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