This was a cold case involving an allegation of abuse which occurred in 1996 but was not reported until 2018. The circumstances of the reporting arose following a search of Facebook where…
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 Wangige (Joseph Karumba) [2020] EWCA Crim 1319 – autrefois convict preventing a second conviction on the same facts
This was a sad case involving the death of a victim in a road traffic incident in which the the Crown Prosecution Service having carefully considered the circumstances concluded that none of…
R v Westbrook;R v Richardson [2020] EWCA Crim 1243 – Procedural Errors do not render a Judges Decision pronounced in open court invalid
Various procedural erros and delays had occured in the production of court orders in confiscation proceedings , this included an error with regard ot what was pronounced in open Court but the…
R v Tierney-Campbell [2020] EWCA Crim 1194 – Setting Aside A Guilty Plea
This applicaiton to appeal presented the opportunity for the Court of Appeal to set out succictly the Courts approach to when it could act over an applicaiton to set aside a guilty…
Miscarriage Compensation – The Battle in Strasbourg for Uk Justice
A challenge to the UK Miscarriage of Justice Compensation Scheme is now underway in the European Court of Human Rights following the refusal to declare the Governments test for compensation as incompatible…
Amere Singh Dhaliwal, Irfan Ahmed, Mohammed Kammer, Zahid Hassan, Mohammed Riswan Aslam, Abdul Rehman, Raj Singh Barsran, Nahman Mohammed v The Queen [2020] EWCA Crim 843 – Jury conduct internet/messaging
In a multi handed case a Judge had carefully considered the evidence to support both discharging the jury member and the impact on the jury . The Court concluded that whilst the…
R. (on the application of Bamber) v Crown Prosecution Service [2020 ] [2020] EWHC 1391 (Admin)
Judicial review was not the most suitable approach to challenging a refusal by the CPS of a request for disclosure of evidence which a man convicted of five murders said would undermine…
R v Gordon Park [2020] EWCA Crim 589 – weight of circumstantial evidence and the Jury Impact Test
A CCRC Referral failed where the original case shifted by the time of the appeal with a DNA ground abandoned and the Court concluded that the weight of circumstantial evidence was not…
R. v Mohamed (Abdulkadir) [2020] EWCA Crim 525 – Identifcation Evidence unsafe
A robbery convction was unsafe where it was secured on the basis of identification evidence . Although the judge had given a full and proper Turnbull direction, part of his direction was…
R. v Foy (Nicholas John) [2020] EWCA Crim 270 – Need for finality in expert evidence
The court refused to admit fresh psychiatric evidence in support of a possible defence of diminished responsibility to a charge of murder. Diminished responsibility had not been pursued at trial, the opinion…