||All England Reporter
|| All ER (D) 173 (Jan)
||Carolyn Gardiner (instructed by Harris Cuffaro & Nichols) for the appellant.
||Rupert Overbury (instructed by the Crown Prosecution Service) for the prosecution.
||22 January 2003
Criminal procedure - Appeal - Fairness - Absence of defendant - Discretion of judge to continue trial - s 79(3) - s 122.
In any case where it appeared to the Crown Court sitting in an appellate capacity that an appellant was not attending in spite of being obliged to do so, but was represented by counsel, the proper course was for the court to hear the appeal in the absence of the appellant. It had therefore not been open to the Crown Court in the instant case to conclude that the appellant was wilfully frustrating the course of proceedings by his repeated absences and thereafter to dismiss the appeal.
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