iam thinking to start a appeal proceeding's on firstly the newton hearing verdict of a knife being used and then because I was sentenced on 3 accounts of battery which they have included the verdict of the use of a knife I would like the whole trial to be reopened and the witness who has 1.. independently sent a letter to magistrates court stating that there was no knife wound on the night in question visible
2... that the woman was witnessed as clearly drunk so again her statement of facts is dubious
3...that my plea was a condition of the thought that the knife charge was being dropt along with another charge ( second court appearance and after which I then changed solicitors
do you have any advice of what I should do
go for the appeal ? then ask for a retrial ?
yes I did on the advice of the solicitor that I could finish this quickly but what happened was that I was then told that sentencing was postpone till a newton hearing was done. With the newton hearing I because id plea'd guilty they then took the side of the prosecutor to say that the knife crime did actually take place ... this didn't happen but the victim produced a knife wound and pictures that I would of contested but was unable to .. im told if I appeal the newton hearing its only then that I call call my witness.. who will state that ... there was no knife wound on the night
that the victim had talked about adding a knife crime to the assault
what my question is ... should I go to appeal because I believe I've been wrongly accused ...and what would happen if I lost my appeal