The defendant appealed against conviction for an offence of racially aggravated threatening behaviour, contrary to the Public Order Act 1986, s 4 and the Crime and Disorder Act 1998 (CDA 1998), s 31 (1)(a), arguing that the phrase used was not capable of demonstrating hostility based on membership of a racial group.
The defendant appealed against his conviction.
Not exact matches
As a result, the Court of
Appeal quashed all
convictions against the
defendant and ordered a new trial.
So if you want to
appeal a
conviction because the trial judge would not allow a lesser included instruction, here is how the court will decide that issue (spoiler alert, they will rule
against the
Defendant, but this is how they will rule
against the
Defendant).
Although the concept of «reasonable excuse» is broad, it can not have been intended by Parliament to be stretched to include the mere fact that the
defendant has lodged an
appeal against the community order or the
conviction on which it is based.
«It is the very well - established practice of this court, in a case where the
conviction was entirely proper under the law as it stood at the time of trial, to grant leave to
appeal against conviction out of time only where substantial injustice would otherwise be done to the
defendant.»