Criminal appeals blog

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Judges at the Court of Appeal have ruled that the most serious offenders in England and Wales can be jailed for their whole life. This was despite the fact that the European Court of Human Rights (ECHR) said last year that whole life terms breached a...
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On the 4th September 2013 Shahidul Ahmed was found guilty of the murder of Rachel Manning which occurred in 2002. This case highlights how important it is to pursue and fight for miscarriages of justice because in 2002, Mr White, the boyfriend of Miss...
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On 17th April 2013 the Court of Appeal quashed the 1985 robbery conviction of Martin Foran. The case had been referred back to the Court of Appeal by the Criminal Cases Review Commission (CCRC), after two earlier appeals were unsuccessful.  Foran was...
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A defendant can plead guilty and then seek to challenge that conviction as being unsafe as evidenced in the case of SAS sniper Danny Nightingale. The lawyers for Mr Nightingale argued that he had been placed under ‘improper pressure’ to plead...
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The Court of Appeal is to consider again the case of Kevin Lane, after instructing the Criminal Cases Review Commission (CCRC) to review ‘particular points’ relating to the conviction. Kevin Lane was convicted of the murder of a local business...
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The following article was first published on Lexis®PSL Crime on 8 February 2013. Click here for a free 24 trial of Lexis®PSL. 08/02/2013 Crime analysis: What next for disclosure of convictions, cautions and warnings? Mike Pemberton, partner...
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In R v Fletcher (2012), an IPP sentence was quashed and a restricted hospital order substituted in its place as the Judge had not properly been informed as to the appellant's mental state.  The original reports focussed on mental illnesses which...
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Campbell Malone, a consultant to Stephensons' appeals team and a former partner of the firm, together with Correna Platt, head of appeals at Stephensons, have prepared an essay for www.thejusticegap.com. The essay will feature in a new collection of...
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Mr Dizaei was convicted of Perverting the Course of Justice and Misconduct of Public Office.  It was alleged by the prosecution that Mr Dizaei had falsely claimed that the complainant had assaulted him. Mr Dizaei’s barrister submitted to the...
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On the 6th February 2013 judgment was handed down in the case of R v Adeojo, Nyamupfukudza  at the Court of Appeal (2013 EWCA Crim 41 case no: 201200231D1). Central to the rule is that in the absence of an opportunity for the defence to cross...
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The question to consider in criminal appeals is whether the lurking doubt principle actually exists? In a recent Judgment R v Pope (2012) EWCA Crim 2241 the Court of Appeal confirmed that the so-called ‘lurking doubt principle’, previously...
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Lawyers for Sgt Danny Nightingale, the SAS soldier convicted of possession of a pistol and live ammunition at a court martial earlier this month, have confirmed an appeal has been launched against his conviction. The issue of the sentence handed down to Sgt...
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Our Civil Liberties team was recently involved in a high profile case at the European Court of Human Rights (ECHR) concerning three offenders who had been jailed indefinitely without being given access to courses which would have aided their rehabilitation. ...
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The issue of duress has come under the spotlight in relation to whether a threat of false imprisonment could suffice for the defence of duress. Dao & Ors v R. [2012] EWCA Crim 1717 (31 July 2012) considered this point: The case in essence stated that...
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Last week, Lorraine Allen, a mother who was wrongly imprisoned following the death of her son Patrick in one of the so-called Shaken Baby Syndrome cases, discovered that her fight for compensation will be heard at the European Court of Human Rights in...
 
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