In this issue
Welcome
Lessons to be learnt - Pell v The Queen [2020] HCA 12
Financial Crime Appeals
Appeals against Conviction; England and Wales
Appeals against Sentence; England and Wales
Caribbean Case Summary
Northern Ireland Case Summary
CORONAVIRUS: GUIDANCE REGARDING APPEAL CASES
Welcome
 
Paul Taylor QC
Paul Taylor QC
Welcome to the May 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 (with an occasional series on appeal cases from Scotland) 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 focuses on a current appeal topic. In this edition Emma Goodall looks at the lessons that can be learnt from the recent Australian judgement quashing the convictions of George Pell.
 
In this edition we also look at:
 
- CACD conviction appeals: Richard Thomas analyses the landmark decision in Booth and Barton which addressed the test for “dishonesty” and the use of precedent in the CACD; 
 
- CACD sentence appeals: GBH sentencing guidelines, Covid-19 in prisons as a mitigating factor; and Maryam Mir looks at sentencing guidelines and sexual offences where the proposed victim is a police officer; 
 
- Financial Crime Appeals: Joel Bennathan QC asks “When is a conviction not a conviction?” in the context of POCA.
 
- Northern Ireland: I review a DPP’s appeal involving historic terrorist offences, and SOCPA;
 
- Caribbean: Edward Fitzgerald QC comments on his recent appeal from The Bahamas to the Privy Council involving an unrepresented defendant in a capital trial, and the level of sentencing for murder. I look at an ECSC judgement based on grounds criticising trial counsel and the interpretation of Preddy.

 

 

Doughty Street has some of the most experienced appellate practitioners at the Bar, including the contributors to the leading works on appellate procedure - The Criminal Appeals Handbook, Taylor on Criminal Appeals, Blackstones Criminal Practice (appeals section), Halsbury’s Laws (Appeals).

 

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.

 

We are living through challenging times. I hope you and your families keep safe and well.

 

With best wishes,

 

Paul Taylor QC

Head of the DSC Criminal Appeals Unit