This was a case where an applicant chose to pursue his application for permission to appeal 34 years after the event. The Single Judge had found no adequate explanation for the decision…
Author: MarkNewbyQSJ
Solicitor Advocate specialising in Miscarriage of Justice Cases and Defending Historical Abuse Allegations , writes on Criminal Justice issues . Involved in the quashing of a significant number of convictions . Currently a member of the Law Society Council and various committees including the Criminal Law Committee
R V CH [2021] EWCA Crim 635 fresh evidence text messages quashing convictions
We represented CH in seeking to challenge his convictions following a detailed and extensive forensic investigation, which required the Court to grant an extension of time of 2022 days. Such lengthy extensions…
Justice join strasbourg fight to end nightmare of the wrongfully convicted
,Following the refusal of the Supreme Court on 30th January 2019 to declare the Governments statutory test for compensation as unlawful, the cases of Victor Nealon and Sam Hallam have been slowly…
The Shrewsbury 24 Case Warren and Others [2021] EWCA Crim 413 – Destruction of evidence and the preservation of all digital records in the future to prevent future injustices
It is a well-trodden story that it can take many years to overturn a wrongful conviction and when such convictions are linked to notoriety or politics the task can be even greater….
CRYSTAL HUNNISETT (formerly known as David Andrew Hunnisett [2021] EWCA Crim 265 – CCRC Referral Psychiatric Evidence was not fresh and was flawed
In this CCRC Referral the Court was asked to adjudicate on fresh evidence from a psychiatrist altering a previous opinion that the applicant was suffering from a diminishment at the appropriate time….
R. v Mohammed (Ahmed)[2021] EWCA Crim 201- CCRC Referral Fresh Evidence DNA Phone
In this CCRC referral fresh evidence was adduced with regard to a mobile phone leading to the conviction being quashed. The applicant had been convicted based on a partially successful identification procedure…
R. v Sakin (Ilhan)R. v Gardrie (Muctarr)[2021] EWCA Crim 411 – Reopening a previous Appeal Decision – mistake
Sometimes things can go badly wrong in an appeal against conviction case but it’s hard to imagine a more apparent example than this case. Where both Counsel were mistaken as to the…
R v Williams ( Gary ) [2021] EWCA Crim 226 – CCRC Referral Fresh Evidence
In this interesting case on the possession of firearms the CCRC had referred on the basis that there was fresh evidence that the Applicant had not brought the weapon to the scene….
R v Charnock [2021] EWCA Crim 100 – Refusal of Complainant to hand over mobile phone
In this case a request for permission to appeal was referred to the Full Court on the issue of the refusal of the complainant to hand over her mobile where there was…
R. v Binoku (Luis)R. v BFR [2021] EWCA Crim 48 – Inappropriate Judicial Comment
In this Appeal a judge had made inappropriate interruptions and had clearly “cross-examined” a defendant during a trial, but the CA held that the departure from good practice was not so gross,…