Author Archives
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Adverse Inferences – Written Directions – Ricky Green [2019] EWCA Crim 411
The appellant was convicted of s20, inflicting grievous bodily harm. . The grounds for appeal are that the judge wrongly gave the jury an adverse inference direction under s34 of the Criminal Justice and Public Order Act 1994, that having… Read More ›
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Majority Verdict Mistake – a writ of venire de novo – Patten [2018] EWCA Crim 2492
The appellant was sentenced to 15 years imprisonment for indecent assault, indecency with a child and rape, and appealed against sentence. The Court identified an irregularity at trial. A juror had been discharged, after the complainant’s evidence, due to illness…. Read More ›
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Terminating Rulings – Email Undertaking – PY [2019] EWCA Crim 17
The prosecution brought an appeal against a binding ruling, under s58 of the Criminal Justice Act 2003 and were required to give an “acquittal undertaking”. The prosecution notified the court of its intention to appeal and gave the acquittal undertaking… Read More ›
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Bad Character – Creating a False Impression – Fender [2018] EWCA Crim 2829
This appeal concerns the admissibility of bad character evidence to correct a false impression given by a defendant. The prosecution alleged a conspiracy to sell prohibited weapons and that the appellant had been present at a flat in order to… Read More ›
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Jury Retaining Transcripts of ABE – Sothilingham [2018] EWCA Crim 2884
This was a case where Counsel argued that the convictions were unsafe because the judge allowed the jury to retain a copy of the transcript of a complainants ABE interview in relation to a specific incident. He argued that there… Read More ›
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Lawrence [2018] EWCA Crim 2509 – Appealing 11 Years out of time
This case illustrated the serious difficulties in appealing a case 11 years out of time . The Court in refusing permission indicated Unsurprisingly after 11 years, recollection of events is diminished, papers are destroyed and the pursuit of a proper… Read More ›
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Supreme Court Refuses Miscarriage Challenge
Judgment Link https://www.supremecourt.uk/cases/docs/uksc-2016-0227-judgment.pdf Victor Nealon, wrongly imprisoned for 17 years, fails in compensation bid The Supreme Court has today dismissed appeals by Victor Nealon and Sam Hallam against the refusal of the government to award them compensation as the victims… Read More ›
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Appealing to the CACD – Solicitors Perspective
During Justice week last year the Law Society hosted a training session on Criminal Appeal Work with the Court of Appeal , The CCRC and a presentation on the Solicitors Perspective on the new changes . As this has been… Read More ›
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Miscarriage Compensation Supreme Court Judgment 30/1/19
Judgment will be handed down tomorrow in the Miscarriage of Justice Compensation Cases . We will issue a statement as soon as the Courts decision is released . We can make no comment until then . https://www.supremecourt.uk/news/future-judgments.html
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New Grounds not to be added to a Single Judges Refusal unless exceptional Circumstances – R v James and others [2018] EWCA Crim 285
This is a crucial decision for Appeal Lawyers or those who’s eek to have their convictions over turned . The court has made clear that fresh grounds are not to be added unless there are exceptional circumstances . The Court… Read More ›
