Welcome to the December edition of our monthly Criminal Appeals Bulletin.
The Bulletin aims to highlight recent changes in case law and procedure in England and Wales, Northern Ireland, the Caribbean and Hong Kong and to provide practical guidance to those advising on appellate matters. Our monthly case summaries illustrate when an appellate court is likely to interfere with conviction or sentence, as well as looking at the courts’ approach to procedural matters. The featured article provides an in depth commentary on a current appeal topic.
In this edition Edward Fitzgerald QC discusses his recent Trinidadian appeal against nine murder convictions based on the retraction statements of the main prosecution witness. I look at recent CACD decisions dealing with good character misdirections, fresh evidence in historic sex offences, “fundamental departure” post-Jogee, and inconsistent verdicts. Harriet Johnson looks at the CACD’s most recent approach to findings of dangerousness arising from a single sex offence. Tim Moloney QC considers the NICA’s latest guidance on the admissibility of bad character evidence relating to a propensity for untruthfulness. Rebecca Trowler QC reviews an appeal from the BVI to the ECSC relating to jury vetting. Richard Thomas looks at Hong Kong cases involving sentencing in civil disobedience cases, murder and provocation and warnings about accomplice witnesses.
Doughty Street has some of the most experienced appellate practitioners at the Bar, including the contributors to three of the leading works on appellate procedure. - The Criminal Appeals Handbook, Taylor on Criminal Appeals, Blackstones Criminal Practice (appeals section).
Please feel free to e-mail us or to call our crime team on 020 7400 9088. We also offer our instructing solicitors a free Advice Line, where they can discuss initial ideas about possible appeals, at no cost to them or their client. More information on our services can be found on our website.