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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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ihave already sent you a question shelley johnson

Customer Question

ihave already sent you a question shelley johnson
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I have put in an appeal for a dangerous dog offence . This involved a neighbour who has had a vendetta against me for years and stated my small jack russel dog bite her when she was holding her own dog who actually bite her , I am doing number of points for appeal and wish to quote case law to back up my appeal

Expert:  Jo C. replied 2 years ago.
Are you appealing conviction or sentence? Or destruction order?
What is the case law you are looking for?
Customer: replied 2 years ago.

I am appealing sentence and conviction.did not commit offence and received £300 fine £400 compensation and £1500 court costs. Need case law about crucial witness not being called this was the police man.Case law about dangerous dog act where appeal has been won.Case law about the affect a conviction will have on your job proffession taken into consideration.If stands will lose job.Any caselaw about very minor injury re dangerous dog act . She was bite on second finger left hand grade 2 minor injury totally healed slight cut at time .

Expert:  Jo C. replied 2 years ago.
The absence of an officer is not subject to caselaw. If the Crown rely on a witness then they must be called to give evidence unless they are agreed by the defence or fall within the hearsay provisions.
If the Crown do not rely on him then he is tendered to the defence to call. You can get a summons for a witness but you don't need to with officers.
Case law upon when a dangerous dogs case has been won is rather wide. There are literally millions of such case which could not be summarised here. In any event, that would not assist your specific appeal unless it made law in the particular way you rely upon.
Similarly there are thousands of cases covering injury. It depends what you are trying to prove. All S3 aggravated mattes involve an injury by definition.
The case of Raffiq is the seminal case upon injury but it doesn't really say anything particularly relevant ot the issues you are raising here.
If you can be more specific then I might be able to offer more.
Jo
Customer: replied 2 years ago.

I need specific cases to be quoted in my appeal. I need to quote a successful appeal where a significant witness was not produced by CPS despite being requested by the defence and the fact that this affected the jury decision and was successfully overturned at appeal.This does not need to be dangerous dogs act case.

The police man did meet the dog and said it was very friendly.It was key that for no good reason he told me not to communicate with the woman. When dog ran off towards her I did not follow due to policemans instruction.He was key witness.

I need to quote specific named cases re minor injury and successful appeals.There may be other cases where victim bitten by their own dog.She picked her own dog up in her arms as my dog jumped up .Her hand was nearer her own dog than mine.

you did not give any cases again need names where the jury were informed how a minor conviction would affect the defendant professionally and prevent them from practising working in that field

Expert:  Jo C. replied 2 years ago.
1 That isn't subject to caselaw. If you didn't agree the witness then they should have been produced.
2 The reason he wasn't produced is that he doesn't go the issue of fact. If all he is going to say is that you didn't follow then that is a non issue.
3 I'm sorry but this still makes no sense? In what specific way ? What are you hoping the cases will say?
4 The reason I did not do that is that would be wholly improper. Jurors are not allowed to be informed of the effects of the conviction or to consider it.
Customer: replied 2 years ago.

Could you provide three examples of cases which were won on appeal regarding dangerous dog cases which involved minor injury please.

Expert:  Jo C. replied 2 years ago.
'Minor injury' is not an appeal point. So there is no case on that basis.
There are caes that involve minor injury
Rafiq v DPP (1997) 161 JP 412
http://www.bailii.org/ew/cases/EWCA/Crim/1997/2142.html
http://www.furnivalchambers.co.uk/pdf/2013ewcacrim2396.pdf
Most of the leading cases involve serious injury largely because if it was a minor injury it would probably have been before the Magistrates not the Crown so not be appealed to the Court of Appeal.