Leave to appeal conviction and sentence had been given and the appellant absconded before the appeal against sentence could be determined. The Crown wanted the appeal resolved so that it could enforce a confiscation order, and therefore invited the Court to proceed.
Held: The appeal of a defendant absconding before the appeal was heard would usually be adjourned or disposed according to the merits, but can exceptionally be heard without him. However, the Court declined to follow the ‘normal course’ and adjourn the appeal of an absconder. The Court declared there is no rule of law that an appeal cannot be heard in the absence of the appellant.
Buxton LJ explained that in civil proceedings where a ‘fundamental matter with regard to an order is being complained of, the Court will not necessarily treat the fact the order has been disobeyed as a reason for not hearing the person who complains of it. We think these considerations must apply strongly in a case where the issue is a matter of criminal punishment . .’ However, the Court cautioned that a person who absents himself ‘is in the mercy of the Court and there may be circumstances where the only sensible or proper course is to dismiss the appeal without proper consideration of the merits.’
Judges:
Buxton LJ
Citations:
Times 29-Jan-1998, Gazette 18-Feb-1998, [1998] EWCA Crim 132, [1998] 2 Cr App R 130
Jurisdiction:
England and Wales
Cited by:
Cited – Okedare, Regina v CACD 27-Feb-2014
The court heard applications for leave to appeal on behalf of applicants who had either absconded or disappeared.
Held: The court considered whether the lawyers filing the appeals had authority, whether express or implied. ‘we are satisfied . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 11 October 2022; Ref: scu.153006
