This week’s Digest is the final post collating judgments released during the vacation period. This week includes five judgments, all handed down by the Court of Appeal (Criminal Division). The first considers the fairness of a trial where the appellant was unable to give evidence; the second, whether the judge misapplied the Definitive Guideline Causing Death by Driving; the third, an appeal against sentence on the grounds it was manifestly excessive; the fourth, an appeal against convictions for conspiracy; and the fifth, an appeal against conviction based on the admissibility of identification evidence.

R v Welland [2018] EWCA Crim 2036

The judgment, available here, was handed down by Leggatt LJ on 14.09.18.

The issue in this case was whether a trial was rendered unfair by the fact that the appellant, through having various seizures, was rendered unable to give evidence. The appeal was allowed and the conviction quashed; the judge should have adjourned proceedings to allow medical evidence to be gathered so that the appellant’s situation could be investigated and a decision could be made as to whether any special measures would enable the appellant to give evidence.

 

R v Monington [2018] EWCA Crim 2016

The judgment, available here, was handed down by Holgate J on 05.09.18.

The issue in this appeal was whether the sentencing judge had misapplied the Definitive Guideline: Causing Death by Driving in categorising the appellant’s case as one which fell within the top category of carelessness. The appeal was dismissed; the judge had not erred but was right to classify the appellant’s conduct as being of the highest level of carelessness.

 

R v Seccombe [2018] EWCA Crim 2017

The judgment, available here, was handed down by Holgate J on 04.09.18.

The issue in this appeal was whether, for an offence of conspiracy to pervert the course of justice, the sentencing judge (a) had erred in concluding that the custody threshold had been passed in respect of the appellant’s case; and, in any event, (b) had imposed a manifestly excessive sentence. The appeal was allowed to a limited extent: the judge had erred in taking the wrong starting point in the appellant’s case and she had failed to consider aggravating features regarding the appellant’s co-offenders.

 

R v Thompson [2018] EWCA Crim 2082

The judgment, available here, was handed down by Lord Burnett of Maldon CJ on 26.09.18.

The appellant was convicted of two conspiracies at two separate trials, his latter conviction being the result of a retrial. He sought to appeal against both convictions; in respect of the first, on the grounds that the judge was wrong to admit evidence of his previous conviction under the bad character provisions of the Criminal Justice Act 2003; in respect of the second conviction, the appellant argued that the judge was wrong, after the prosecution had changed their case mid-way through the trial, not to accede to his submission of no case to answer. Only the appeal against his latter conviction was allowed.

 

R v Gray [2018] EWCA Crim 2083

The judgment, available here, was handed down by Thirwall LJ on 27.09.18.

This was an appeal against conviction on two grounds; the first criticised the trial judge’s failure to accede to a submission of no case to answer as the prosecution case was based on inadequate identification evidence; the second was that, if the evidence was admissible, the judge failed to deal with it adequately in the summing up. The appeal was dismissed: the evidence was admissible and even though the judge’s directions could have been clearer, the conviction was not unsafe.

 

Justice only for the wealthy, says Law Commission

 

 

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