The Court held that It would only be in the rarest cases that expert or opinion evidence from a counsellor would be relevant or admissible. The starting point was always that a…
Tag: Caselaw
R v BJ & Another [ 2020 ] EWCA Crim 790 – accessing digital evidence complainants
The Court considered the issue of disclosure of digital evidence as it related to cases involving complaint of sexual offending . It identified that the issues to be addressed were : The…
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…
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…
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…
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…
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…