Source: All England Reporter
Publisher Citation: [2013] All ER (D) 103 (Jul)
Court: Court of Appeal, Criminal Division
Judge:

Aikens LJ, Mackay and Carr JJ (judgment delivered extempore)

Representation Nicholas Evans (instructed by GT Stewart) for the defendant.
  Katrina Charles (instructed by the Crown Prosecution Service, Appeals Unit) for the Crown.
Judgment Dates: 9 July 2013

Catchwords

Criminal law - Appeal - Appeal against conviction - Handling stolen goods - Defendant being charged with handling stolen goods following discovery of motorcycle at his home - Defendant stating motorcycle belonging to another individual - Police making enquiries and claiming motorcycle reported stolen - Defendant pleads not guilty - Defendant witness providing statement that vehicle his - Witness providing, amongst other things, log book and MOT certificates - Defendant being convicted - Defence team investigating into motorcycle - Defence obtaining fresh evidence supporting claim that motorcycle not stolen - Defendant appealing - Whether fresh evidence throws into doubt safety of conviction.

The Case

Criminal law Appeal. The defendant had been convicted of handling stolen goods, namely a motorcycle. It was said, amongst other things, that the vehicle identification number (VIN) had been false on the motorcycle in question. Following his conviction, the defendant's legal representatives made further investigations and it was determined that the VIN on the motorcycle had been genuine. The Court of Appeal, Criminal Division, in allowing the defendant's appeal, quashed his conviction and ordered that there should be no re-trial.

Practice Areas

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