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7/25/2015
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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?
Jo
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?
Jo
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