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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70405
Experience:  Over 5 years in practice.
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Can I appeal because I wasn't allowed to see children's video

Customer Question

Can I appeal because I wasn't allowed to see children's video evidence nor was I appointed court barrister until first day of trial, also only arraigned for alternative on indictment first day of trial.
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
The absence of DNA is not a ground of appeal. Absence of evidence is not evidence of innocence.
The fact that counsel was appointed late is not a ground of appeal. If the lateness meant that he acted outside of his instructions then that might be a point of appeal.
In relation to not being allowed to see evidence, it depends. There could be lots of reasons for late service of evidence. That is not the same thing as not being allowed to see it.
If there is an issue of absence of disclosure by the Crown then that isnt a point of appeal. Discovering fresh evidence which renders your conviction unsafe may be a point of appeal.
Can I clarify anything for you?
Customer: replied 2 years ago.
I wasn't allowed to see it because I was litigant in person and the tapes were available (not late service) but not provided for me to see until the first day of trial.
I felt I might have offered a guilty plea to the alternative indictment of Affray if I had been given the opportunity to view the videos before first day of trial, but considered unfair to myself to be presented with video evidence on first day if trial.
Also judge stated he would have to apply a cbo irrespective of outcome.
When I told him the next day therefore I wasn't going to offer any defence or close, nor present witnesses him and crown wished to adjourn until I was better (bipolar), judge said he wished he'd not mentioned it, so anyway I continued and did present my case as far as I could. Despite having breakdown in the morning.
Expert:  Jo C. replied 2 years ago.
Ok. So you were allowed to see it.
I realise they were served on the day of trial but that is not being prevented from seeing it.
These are not points of appeal I'm afraid. The evidence was available to you.
It isn't ideal to serve evidence late but it happens all the time and it isnt a point of appeal.
If the Judge was willing to adjourn but you chose to continue then I'm afraid that is not a ground of appeal.
Customer: replied 2 years ago.
Was he also right to state he would "have to impose a cbo" before defence case heard ? Then said he regretted saying it, he meant "have to consider"
Sorry, Also I never had disclosed 999 call I or wife made on night of incident and only 50% of 101 calls were 'found' and disclosed
Expert:  Jo C. replied 2 years ago.
It depends on the facts of the case. Yes, the Judge can indicate his view of sentence.
In terms of disclosure, if you submitted a defence case statement then the crown have a statutory duty to disclose anything that undermines their case or assists yours. If you did not then no disclosure is due.
999 and 101 calls are easy to trace and can be done at court. If they were saying that only some were found then I'm afraid the veiled suggestion was that you had not made any others.
Customer: replied 2 years ago.
No I made numerous disclosure requests.and the length of the calls as shown on mobile phone bill do not correspond with the phone calls made.
The call times disclosed do match the calls recorded on stAtement only our phone records show 29 minutes of calls but they only disclosed 14 minutes (conveniently he bits where I spoke)
Expert:  Jo C. replied 2 years ago.
You can't just make disclosure requests.
It has to be in the form of a defence statement.
Although actually CAD messages are easily traced and should not have presented a problem even on the first day of trial unless, of course, no officer attended because they were all too busy mediating domestic twaddle instead of dealing with proper crime.
Customer: replied 2 years ago.
Sorry not sure what you mean above I made disclosure apps using the CPR rules and forms etc. Sorry what's a CAD message?
Expert:  Jo C. replied 2 years ago.
The CPR rules is not the test.
A CAD message is a 999 recording.
Customer: replied 2 years ago.
Well I wasn't well in any event due to my bipolar and ptsd (repeated raped an abused by police officer who was sent down , judge told jury about this too) I don't feel I gave my best evidence and was I'll advised by crown not to say " I am not a violent man" foolishly I took his advice when actually I wanted to contextualize all my antecedence for the jury but I was essentially forbade from doing so which led jury to form the wrongvopinion of me based two meaningless tweets I sent whilst Ill on night of event. Referring to "snapping a cops wrist" in reality I never snapped anybody's wrist least if all a cops! I thinking jury therefore wrongly presumed I was this violent psycho based on the tweets and found me guilty without the full facts of previous antecedence irrespective of the contradictions in complainants witness, and lack of blood, hair, saliva, DNA or anything from .I may as well have said " when I chopped up my last neighbours will be nothing to what I have in store for these neighbours" but the tweets were sent whilst mentally ill so we're meaningless ..I never even knew I'd sent them until the Police showed them to me.
Expert:  Jo C. replied 2 years ago.
Well, that is probably right. The jury are free to do that I'm afraid.
Customer: replied 2 years ago.
Does it not matter that whilst giving my evidence and clearly 'cycling' through a bipolar episode from morning through the day that I wasn't presenting the best case I otherwise would have if I wasn't mentally ill at the time and therefore unfair and placed at a disadvantage
Expert:  Jo C. replied 2 years ago.
I'm very sorry.
That is not a point of appeal.