This case involved indictments uploaded onto the Digital Case system where Defendants were tried on indictments different to those they were arraigned on . The difficulty on the appeal was that there…
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
Cross Examining a Vulnerable Witness – R v YGM [2018] EWCA Crim 2458
This Decision of the CACD gave the Court the opportunity to give further guidance on the approach to cross examination of a child witness . Defence Counsel had properly questioned the child…
– Making sure the offence is not repealed MACIEJCZYK [ 2018 ] EWCA Crim 2665
With the weight of changes in the Criminal Law and a vast amount of older statues replaced or repealed it can sometimes be hard to keep pace with all the changes ….
What is a Nullity for the CACD – R v Furniss [ 2018 ]EWCA Crim 2574
A defendant had applied to appeal the grounds were considered by the single judge who refused permission. He was wrongly advised by his solicitors that if he wished to proceed with an…
Jury Keeping a Copy of the ABE – Sothilingham [2018] EWCA Crim 2884
This case involved a re-trial in relation to murder and wounding with intent . It is unecessary dwell too much on the facts but there arose an issue whether the ABE of…
Bad Character – Evidence to Correct a False Impression – R v Fender [2018] EWCA Crim 2829
The case related to a false impression given by a Defendant and whether the prosecution were entitled to call evidence to correct it . The prosecution alleged conspiracy to sell prohibited weapons…
Its not for the police to decide a case , they are supposed to collect the evidence
Mark Newby writes for The Justice Gap on the recent announcement of the Bernard Hogan Howe Metropolitan Commissioner that the approach to investigating Historical Allegations currently being taken may need to be…
The Refusal of Miscarriage Compensation – What next
On 12th June the High Court rejected challenges by Victor Nealon and Sam Hallam in their miscarriage of justice test case for compensation for 24 lost years served in prison before having their…
The Curious Case of Victor Nealon
When Victor Nealon was sat in his prison cell after yet another rejection by the Criminal Cases Review Commission in 2002, he may have wondered whether he would ever get his liberty…
Justice Committee – Is it time to ask searching questions of the Court of Appeal Criminal Division
[ This Article first appeared on Inside Justice and then The Justice Gap ] When the House of Commons’ justice committee finally decided to undertake a longer inquiry into the Criminal Cases…