The court considered the position on hearing an appeal by a defendant who had absconded during his trial.
Held: A decision whether or not to appeal against conviction ‘cannot rationally be taken before the verdict is known’. It concluded that in all ‘save the most exceptional cases’ the proper time for a defendant to take advice as to the prospects of an appeal and to give instructions to initiate appeal proceedings is after conviction and sentence. Where such a defendant had ‘put it out of his power to give instructions at the proper time’ the Court, as a general rule, would take the view that his solicitors did not have authority to initiate appeal proceedings and any notice of appeal was a nullity. This was so even if the defendant had given express instructions to appeal conviction (should it occur) post a failed submission of no case.
Citations:
(1971) 55 Cr App R 321
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: 04 May 2022; Ref: scu.544628