Source: All England Reporter
Publisher Citation: [2006] All ER (D) 48 (Oct)
Court: Court of Appeal, Criminal Division

Latham LJ, Owen and Gloster JJ

Representation Emma Nash (assigned by the Registrar of Criminal Appeals) for the defendant.
  Christopher Donnellan (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 4 October 2006


Criminal law - Trial - Plea - Judge refusing defendant's application to change plea - Defendant alleging abuse of process - Whether conviction unsafe.

The Case

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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