Welcome to the October 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 Farrhat Arshad considers whether post trial jury irregularities can amount to a ground of appeal. I look at recent CACD decisions dealing with fresh evidence, self-defence in “householder” cases, prosecution appeals against acquittal where the respondent is unfit, and issues arising from a loss of the recording of first instance proceedings. I also consider a sentencing appeal in the Supreme Court of Bermuda addressing disparity of sentences and prosecution appeals. Tim Moloney QC  looks at NICA decisions dealing with murder, specific Intent, self-Induced intoxication, accomplice warning, and sentences for rape. Richard Thomas looks at Hong Kong cases dealing with freedom of expression, offences by non-refoulement claimants, increases in a sentence on a failed appeal, and loss of time directions.

Doughty Street has some of the most experienced appellate practitioners at the Bar, including the authors of the three leading works on appellate procedure. 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 hope that the bulletin is of interest to you. 

Paul Taylor

Head of the DSC Criminal Appeals Unit