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Criminal Appeals Blog

Our criminal appeals solicitors regularly write about related legal topics and welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 0175 321 6399.

IPP sentence quashed as learning disability was not taken into consideration

Correna Platt
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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...

No defence: professionalism vs economics

Correna Platt
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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...

Appeal against conviction refused by Court of Appeal

Correna Platt
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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...

Is it right that a person can be convicted of a serious offence on hearsay evidence alone?

Correna Platt
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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...

Lurking doubt

Correna Platt
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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...

Appeal after a Guilty Plea?

Correna Platt
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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...

Could you appeal your sentence?

Correna Platt
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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. ...

The Court of Appeal considers whether the defence of duress needs to be extended

Correna Platt
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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...

Lorraine Allen's quest continues

Correna Platt
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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...

Who investigates miscarriages of justice? Manchester event review

Correna Platt
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Following a successful event in London in March, The Justice Gap held a debate in Manchester on “Who Investigates Miscarriages of Justice” jointly hosted by leading Manchester barristers’ chambers, Garden Court North. I was delighted to...

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