This case is a reminder of the principles established in Jogee and Johnson & Others that to appeal on the basis of a change in the law out of time the Court…
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
When the only evidence is DNA – R v Tsekiri [2017] EWCA Crim 40
The Court determined DNA Evidence alone can lead to a conviction but it depends on the circumstances The facts of this appeal require us to determine the position when a defendant’s DNA…
How distressed vulnerable witness should be handled – R v SG [2017] EWCA Crim 617
In a case where a complaint became visibly distressed during giving evidence and a Judge intervened the Court gave guidance as to the correct approach : First, in our view the recorder…
Doli Incapax – Strict requirements of the test – R v PF [2017] EWCA Crim 983
This case revisited the strange circumstances that cannot now arise in fresh offences but still applies sot qualifying historic cases relating to sexual offences said to have been occurred by someone aged…
Hearsay – Failure to Assess Credibility R v Kiziltan[2017] EWCA Crim 1461
This case focussed on the decision of Trial Judge to admit hearsay where a witness did not attend Court and the issue of whether where the circumstances of his non attendance and…
Non-Disclosure – R v Poole [2017] EWCA Crim 208
This case illustrates the sort of non-disclosure which can lead to the Court concluding a conviction is unsafe and was summarised in this case as follows a) in failing to produce not…
Holding out yourself to a profession with high integrity might create a false impression R v Stapleford[2017] EWCA Crim 1215
In this case the Defendant held himself out as a person whoo had sought to become a member of the Bar and the Judge concluded that this may have created a false…
Dishonesty – no requirement belief must be reasonable Ivey v Genting Casinos (UK) Ltd (t/a Crockfords) [2017] UKSC 67
The Supreme Court visited the long outstanding issues of how a Court should assess dishonesty and gave clear guidance that …there can be no logical or principled basis for the meaning of…
Good Character must not be compared to prosecution witnesses R v Green [2017] EWCA Crim 1774
In a case where the participants were of good character the Judge properly gave a good character direction to the Defendant but then chose to make a positive comment about the Prosecution…
Loss of Time – Solicitors Delay – R v Leaning [2017] EWCA Crim 1628
In this case the appellants case was dismissed as entirely without merit . There was no adequate explanation offered to the Court over a 2 year delay in advancing the appellants appeal…