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Appeal court case outcome

14 replies

Scenuc · 15/12/2024 00:22

I know someone who was stitched up and has been sent to prison as the people involved were bitter they moved on with their life so they fabricated a scenario and false evidence. This person was innocent and has lost everything. How can this person appeal their sentence? I can’t believe the jury even entertained this. One of the people who was the main complainant has done this before to someone else!

OP posts:
Isatis · 15/12/2024 05:25

They can only appeal if they can show there was some sort of material error in the trial, or if new evidence comes to light that wasn't available previously and casts doubt on the verdict. Did they have lawyers? They can advise on this.

SheilaFentiman · 15/12/2024 07:37

I have a feeling you may be complaining about the outcome of a rape/sexual assault case. Interesting forum for it.

Anyway. Your friend should seek advice from his lawyer who will know the evidence and where the strengths and weaknesses might be. An internet forum will not.

Nextdoor55 · 15/12/2024 08:52

I know someone this happened to. Or at least I knew if someone who fabricated evidence but they were believed. Many years ago, I'm sorry this happens & it's awful, shocking. I do know that the person who made up the rape allegation spent years feeling guilt that ate them up, but as far as I know never did the right thing by telling the truth & undoing the harm they did.

prh47bridge · 15/12/2024 10:06

As a previous poster says, they can only appeal the conviction if there is new evidence or something was wrong with the way the trial was conducted - the judge allowed evidence that should have been excluded, excluded evidence that should have been allowed, misdirected the jury or similar.

Appealing sentence is a little different, but it is unlikely to succeed if the judge has stayed within the range set in the sentencing guidelines unless the sentence is clearly excessive, i.e. the judge has imposed a sentence near the top of the range when the facts do not justify that.

Scenuc · 15/12/2024 10:13

Nextdoor55 · 15/12/2024 08:52

I know someone this happened to. Or at least I knew if someone who fabricated evidence but they were believed. Many years ago, I'm sorry this happens & it's awful, shocking. I do know that the person who made up the rape allegation spent years feeling guilt that ate them up, but as far as I know never did the right thing by telling the truth & undoing the harm they did.

I don’t think this person would ever tell the truth because they would have to give up the compensation they receive from the tax payer.

OP posts:
Scenuc · 15/12/2024 10:15

prh47bridge · 15/12/2024 10:06

As a previous poster says, they can only appeal the conviction if there is new evidence or something was wrong with the way the trial was conducted - the judge allowed evidence that should have been excluded, excluded evidence that should have been allowed, misdirected the jury or similar.

Appealing sentence is a little different, but it is unlikely to succeed if the judge has stayed within the range set in the sentencing guidelines unless the sentence is clearly excessive, i.e. the judge has imposed a sentence near the top of the range when the facts do not justify that.

Out of curiosity if the judge allowed irrelevant evidence to be presented is that job of the lawyer/solicitor to challenge that in court?

OP posts:
prh47bridge · 15/12/2024 11:30

The defendant's representatives should certainly ask the judge to exclude anything that is irrelevant and prejudicial (but not by bobbing up and shouting "objection" - that only happens in the USA). Their failure to do so does not, in and of itself, give rise to a cause for appeal. You can't appeal on the basis that your defence did a bad job.

ByQuaintAzureWasp · 15/12/2024 12:45

Try appeal.org.uk

AConcernedCitizen · 16/12/2024 01:58

Scenuc · 15/12/2024 00:22

I know someone who was stitched up and has been sent to prison as the people involved were bitter they moved on with their life so they fabricated a scenario and false evidence. This person was innocent and has lost everything. How can this person appeal their sentence? I can’t believe the jury even entertained this. One of the people who was the main complainant has done this before to someone else!

There's no complainant in a criminal case, the Crown is prosecuting your friend.

Unless you were in court every day, you won't have heard all the evidence, so you're not really bast-placed to say whether it's relevant or not.

From the sounds of things the evidence was compelling enough to convince a jury, who are given strict instructions on how sure they have to be to return a guilty verdict.

If it was so obviously 'false' as you say, your friend's solicitor would have torn it to pieces.

I expect that there's either more to this than you're letting on, or things that you're not aware of.

MrsBennetsPoorNerves · 16/12/2024 02:06

How are you so sure that your friend was stitched up? Was the evidence that has convinced you of this given in court? Or has it emerged since the trial?

prh47bridge · 16/12/2024 09:51

AConcernedCitizen · 16/12/2024 01:58

There's no complainant in a criminal case, the Crown is prosecuting your friend.

Unless you were in court every day, you won't have heard all the evidence, so you're not really bast-placed to say whether it's relevant or not.

From the sounds of things the evidence was compelling enough to convince a jury, who are given strict instructions on how sure they have to be to return a guilty verdict.

If it was so obviously 'false' as you say, your friend's solicitor would have torn it to pieces.

I expect that there's either more to this than you're letting on, or things that you're not aware of.

There is a complainant in some criminal cases. In sexual offences in particular, the alleged victim is referred to in court as the complainant or the witness.

Extended contact with the criminal justice system will rapidly disabuse people of the notion that anyone convicted must be guilty. The Crown Courts convict people of offences they did not commit every week. Rape cases often come down to who the jury believe - the complainant or the defendant. I would therefore not be certain that OP is right about her friend, but nor would I be certain she is wrong.

TallulahBetty · 16/12/2024 09:55

Surely your friend has a solicitor? They would be all over it if there was any chance of an appeal. Sadly, you might not have heard the full story.

Helixpoint · 16/12/2024 16:10

Scenuc · 15/12/2024 10:15

Out of curiosity if the judge allowed irrelevant evidence to be presented is that job of the lawyer/solicitor to challenge that in court?

Why do you think you know better than a highly trained judge about what is allowed in court?

Scenuc · 16/12/2024 17:58

I won’t be commenting any further on this because if I explained why all this occurred it would make sense but then the defendant would be at risk if the complainants see this thread. Best to go down the appeal route.

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