It has become established practice for there to be written directions to a Jury from the Judge but it should not be assumed that this avoids the need for such directions to…
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
Loss of Control – R v Rejmanski and others [2017] EWCA Crim 2061
This Case visited the assessment of what is loss of control ( following the replacement of the defence of provocation ) Section 54 provides: This section has no associated Explanatory Notes(1) Where…
More Indictment Confusion – R v J ; Burton [2018] EWCA Crim 2485
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…
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– Making sure the offence is not repealed MACIEJCZYK [ 2018 ] EWCA Crim 2665
With the weight of changes in the Criminal Law and a vast amount of older statues replaced or repealed it can sometimes be hard to keep pace with all the changes ….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…