In this issue
Welcome
Witness Anonymity Orders 10 Years On.
Hong Kong Case Summaries
Northern Ireland case summaries
Caribbean Case Summaries
Appeals against conviction - England and Wales
Appeals against conviction - England and Wales

By Paul Taylor QC

 

Errors in summing up – impact on safety

 

R v Guy

 

[2018] EWCA Crim 1393

 

Grounds based on criticism of the summing up. It was argued that parts of which 'lacked structure and clarity', and parts amounted to unfair endorsements of the complainant’s evidence to the Jury.  The CACD made general comments about challenging a conviction based on errors in a summing up. [esp. Paras 21- 25] 

 

  

Re-opening appeals

 

R v Rostami

 

[2018] EWCA Crim 1383

 

This is the latest CACD decision on an attempt by an applicant to re-open an appeal after the Court has handed down its judgment. R argued that there was no / inadequate notice of the hearing. The President of the Queen's Bench Division considered the requirement to show "real injustice".

  

 

Appeal against reporting restrictions in Crown Court

 

R v Sudip Sarker and BBC

 

[2018] EWCA Crim 1341

 

Judgement given by Lord Burnett LCJ on the general principles applicable to the making of restriction orders.

 

 

CCRC and Jogee

 

The Criminal Cases Review Commission has referred the joint enterprise murder conviction of Jordan Towers to the Court of Appeal. Mr Towers was 16 years old when he was tried in 2007 for murder and for wounding with intent to cause grievous bodily harm. He and two co-defendants were tried on the basis of joint enterprise. The reference has been made on the basis of the Supreme Court's decision in Jogee.

This is only the second reference made on Jogee grounds (the other was Laura Mitchell).

 

The CACD has quashed only one conviction on the basis of Jogee (Crilly [2018] EWCA Crim 16

  

 

If you have questions about any of these cases please do get in touch  with Paul Taylor QC