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Victims of crime

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Appealing a sentence

8 replies

fikel · 15/09/2017 13:03

A friend of mine, waste of space boyfriend has just been sentenced for 2 years for supposed drug offences.
I don't know anything about the case, I didn't even know he had gone to trial. She believes he is innocent so when I asked her why doesn't he appeal then, she said they were told not to.
Does anyone know why they would have been told not to, would this be his legal team. Surely if you were innocent you would try anything to clear your name ?

OP posts:
2014newme · 15/09/2017 13:05

Perhaps there are no grounds for appeal.

fikel · 15/09/2017 13:18

Do you know why there would be no
grounds for appeal, is it because the evidence is not stacked in their favour?

OP posts:
snowgirl1 · 15/09/2017 13:50

I think the sort of grounds you need for appeal are that inadmissible evidence was presented to the jury, or new evidence has come to light or a witness had been paid...rather than "I disagree with the conclusion the jury reached, can I have another shot with different jurors"

fikel · 15/09/2017 14:24

Thank you

OP posts:
MrsNuckyThompson · 15/09/2017 19:53

Exactly. An appeal isn't just a do-over. It has to be because a mistake was made in the way judge applied the law (or how she advised the jury to) OR because of some new evidence or flaw in the original evidence.

Mc180768 · 17/09/2017 14:40

Appealing a sentence is a separate process from appealing a conviction.

Appealing a conviction can take years, (think Bamber, Birmingham Six, Guildford 4) and has to have appeals accepted by the CCRC.

Fresh unheard evidence or failings during the trial are examples of a case being heard by the CCRC.

Appealing a sentence has to be launched within 28 days of a sentence being handed down.

OP, if your friend's partner has been told there is little chance of an appeal, then that is likely the case. If she believes he is innocent, then unless there is fresh evidence, his chances are zero.

Appealing his sentence is another issue. That is up to his lawyer and if lawyer says no, then it is no.

fikel · 17/09/2017 18:19

isnt he entitles to different legal counsel to look at his case?

OP posts:
2014newme · 17/09/2017 18:24

He can engage a different lawyer but I doubt any will touch it. How would he pay the lawyer though?

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