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…
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
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 notoriaty or politics the task can be even…
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 on the basis of a partially…
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 its hard to imagine a more apparent example than this case . Where both Counsel were mistaken as to…
R v Williams ( Gary ) [2021] EWCA Crim 226 – CCRC Referral Fresh Evidence
In this interesting case on the posession 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,…
R. v Timmis (Paul Anthony)[2021] EWCA Crim 159 – Bad Character Previous acquittals
This permission to appeal case dealt with the interesting issue of what to do with the evidence of acquittals before a previous jury . Clearly a Defendant cannot be re-tried for the…
Hamilton v Post Office[2021] EWCA Crim 21 – No right to argue abuse of process on referral but fairness dictated it should be allowed
This was a Referral in relation to post office workers who had been convicted of dishonesty broadly under circumstances where post office accounting software and procedures might have falsely reported omissions that…