||All England Reporter
|| All ER (D) 48 (Oct)
||Court of Appeal, Criminal Division
Latham LJ, Owen and Gloster JJ
||Emma Nash (assigned by the Registrar of Criminal Appeals) for the defendant.
||Christopher Donnellan (instructed by the Crown Prosecution Service) for the Crown.
||4 October 2006
Criminal law - Trial - Plea - Judge refusing defendant's application to change plea - Defendant alleging abuse of process - Whether conviction unsafe.
In a case where a deaf and dumb defendant was convicted of harassment, following a conviction for assault arising out of similar facts, and where his co-defendant had interpreted proceedings on his behalf, his conviction had not been rendered unsafe. The offence of harassment had related to a course of conduct which had not been based on the fact of the assault. It followed that there was no abuse of process. Moreover, there had been ample material before the judge which had entitled him to come to the conclusion that the defendant had fully understood the proceedings.
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