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…
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
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…
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…
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…
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…
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…
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…
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…
Unfit to give evidence – R v Welland [2018] EWCA Crim 2036
This case deals with the sort of illness which will allow the Court to conclude a Defendant is not fit to give evidence and cannot get a fair trial . The Court…
When should loss of control be left to a jury ? R v Goodwin [2018] EWCA Crim 2287
This case visits the issue of when loss of control as a defence should be left to the jury to consider . The Court formulated the following principles (i) The required opinion…