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According to the Criminal Appeal Act 1968, in which circumstances may the Court of Appeal order a re-trial when it quashes a conviction?
Santiago is convicted of common assault following a summary trial. He disputes the verdict and asks you to advise him on his range of options.
What should you advise Santiago?
What is the correct direction to the jury on the burden and standard of proof in a theft case?
You have lodged a notice of appeal against a conviction in the Crown Court, with two grounds of appeal. The single Judge has granted leave to appeal in relation to the first ground, but has refused leave on the second ground.
Your client, the Appellant, asks if you can still put forward the arguments in the second ground of appeal.
What is the correct answer to her question?
Grant is charged with assault occasioning actual bodily harm. It is alleged that he punched another man following an altercation in his local pub. Grant accepts that he punched the other person, but says that he did so in self-defence. Grant’s trial takes place in the magistrates’ court.
The trial is conducted properly and there are no errors of law or procedure by the magistrates. They find Grant guilty of the offence. He wants to appeal against his conviction.
Which of the following best describes which court Grant can appeal to against his conviction?
Katie is on trial for murder. She raises the defence of alibi, claiming that at the time of the victim’s death she was at a friend’s party. She wishes this defence to be considered by the jury. She enters the witness box and testifies by giving details of her alibi; including whose party is was, where it was, what time it started and who was present.
Which statement best explains the operation of the evidential burden on the defence in this matter?
A solicitor is representing a defendant at trial in the magistrates’ court on a charge of assault occasioning actual bodily harm. When testifying, the complainant states that she was punched by the defendant following an argument but she did not give any evidence about the nature of her injuries and the prosecution did not adduce any medical evidence to establish what injuries she suffered. No other prosecution evidence is adduced to establish the complainant did suffer actual bodily harm although there is independent evidence to help prove the defendant did punch the complainant.
Will the defence be likely to succeed in a submission of no case to answer at the end of the prosecution case?