Appeals from the CC

Question 1

The slip rule in the CC can be used to vary…

Answer 1

Sentence but not conviction.

Question 2

P can appeal acquittal from the CC if…

Answer 2

1. The offence was serious,
2. New evidence has come to light which is reliable, substantial and highly probative,
3. P could not have found or used this new evidence before
4. A prosecution would be in the interests of justice.

Question 3

The more common grounds for appeal

Answer 3

1. Conviction was unsafe

2. Sentence was wrong in law, principle, procedure, approach, or manifestly excessive.

Question 4

An application for leave to appeal should set out

Answer 4

1. What is being appealed,
2. Each ground and summary of supporting arguments
3. Facts
4. Any relevant authorities
5. Transcript of judgement
6. Sentencing powers

Question 5

A loss of time direction can be made where the appeal is

Answer 5

Wholly without merit

Question 6

Fresh evidence will be heard where it is

Answer 6

Necessary or expedient in the interests of justice.

Question 7

The CA on conviction can (3 judges)

Answer 7

1. Dismiss
2. Quash
3. Quash + retrial if in the interests of justice.
4. Substitute if only only answer

Question 8

The CA on sentence can (2 judges)

Answer 8

1. Dismiss

2. Quash + new sentence only DOWN and limited to CC.

Question 9

An AG reference can be made…

Answer 9

1. On a point of law after acquittal

2. After an unduly lenient sentence

Question 10

An unduly lenient sentence is one which

Answer 10

Falls outside the range of sentences which a judge, applying all relevant factors, could reasonably consider appropriate.