R v PR [ 2019] [1] In 2002, following a police investigation into allegations made by his six-year-old niece, a decision was made not to prosecute the defendant for offences of indecency with a child on the basis that there… Read More ›
Caselaw
R (on the application of Keogh) v Director of Public Prosecutions – Nunn Disclosure refusal
The claimant renewed his application for permission to challenge the failure of the DPP to permit access to CCTV footage introduced at his criminal trial or to the forensic file in those proceedings. This raised the pivotal issue of the… Read More ›
R v Connell – Hearsay
This appeal raised the issue of how to deal with a hearsay application where the Complainant was deceased . The complainants were his two step-daughters G & C, after providing an ABE interview G committed suicide. She left a suicide… Read More ›
R v Shaid – Non Defendant Bad Character and a shifting defence
Where the Defence wanted to adduce evidence of the deceased bad character over threats to use a gun the Court declined to admit this evidence and concluded the trial Judge had made the right decision . It is worth noting… Read More ›
Parashar v Sunderland Magistrates Court – Adjournment for a Defence Expert
The Court quashed a decision made by a District Judge refusing to vacate atrial where a prosecution expert could attend but a defence expert could not . “This claim is for judicial review of a discretionary decision on an application… Read More ›
Adverse Inferences – Written Directions – Ricky Green [2019] EWCA Crim 411
The appellant was convicted of s20, inflicting grievous bodily harm. . The grounds for appeal are that the judge wrongly gave the jury an adverse inference direction under s34 of the Criminal Justice and Public Order Act 1994, that having… Read More ›
Majority Verdict Mistake – a writ of venire de novo – Patten [2018] EWCA Crim 2492
The appellant was sentenced to 15 years imprisonment for indecent assault, indecency with a child and rape, and appealed against sentence. The Court identified an irregularity at trial. A juror had been discharged, after the complainant’s evidence, due to illness…. Read More ›
Terminating Rulings – Email Undertaking – PY [2019] EWCA Crim 17
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 intention to appeal and gave the acquittal undertaking… Read More ›
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 been present at a flat in order to… Read More ›
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 to a specific incident. He argued that there… Read More ›