Ask a Law Question, Get an Answer ASAP!
what is the offence?
Are you in substantive custody now?
Ok. But I need to understand the stage this has reached.
if you have been convicted then why are you on bail?
Im really sorry but that is not realistic I'm afraid.
You can still appeal but there is no prospect of bail.
If your application for leave to appeal is granted then there is a chance of bail but you will need to show a fairly overwhelming form of fresh evidence.
It is not easy to achieve this I'm afraid.
I don't think I ever have.
Can I clarify anything for you?
Oh yes, definitely.
Wait for leave to be granted.
It has to be pretty much a rocket through the crowns' case.
I'll just have a look at the above.
Sorry if I am missing the point but what is the evidence that proves her account cannot be true?
Yes, I'm not seeing anything so far?
These are just challenges that the jury I suppose rejected. That is not new evidence?
These are not points that prove the allegation cannot be true.
A point of appeal is that your solicitors were negligent but that is nothing even remotely like being able to prove an offence did not occur.
On your other points, these are not issues of fresh evidence. They are challenges that could have been put and were rejected so they either fail or fall within point above.
Yes, that is all very well but it is not fresh evidence.
The evidence you seek to rely on was served. It might have been served late but that is the nature of the beast now.
It depends what it goes to.
Generally speaking, you don't want rape complainants to have their drinks spiked as it tends to suggest lack of capacity.
Well, either way it doesn't look good.
Spiking is not really something you want in a rape trial
On the face of it that is not a point of appeal.
If you are saying that you have fresh expert evidence to the contrary which is in proper form then that is a point of appeal.
Just disagreeing with the current report is not.
I'm really sorry but on the face of it these are just inconsistencies.
The only thing that may be of interest is the relay of different information but it is not particularly clear what is the different information.
these are just comments. They are not fresh evidence.
I think the trying to argue that she was too drunk to consent and trying to argue that she was too drunk to remember is not really helpful.
Sorry, I was off yesterday.
I am not really sure I can advise on this. You are asking me to comment upon live grounds of appeal and I've had no vision of the case.
You will need to take advise from counsel or instruct a new one with proper vision of the papers. Question and answer sites are all very well but they not designed to replace proper informed advice.
On the face of it, these do not seem like grounds but then I have not had vision of the case.
Yes, I'm here.