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…
Category: Caselaw
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…
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…
Substantial Injustice – Change in Law extensions – R v Ordu [2017] EWCA Crim 4
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…
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…