Court Of Appeal Criminal Division
Court of Appeal – Criminal Division (Crim. Div.)
The Court of Appeal (Criminal Division) is a senior appellate court in England and Wales. It primarily hears appeals against convictions, sentences, and points of law from the Crown Court.
Key Features:
Jurisdiction:
Appeals against conviction under Section 1(1) Criminal Appeal Act 1968.
Appeals against sentence under Section 2(1) Criminal Appeal Act 1968.
Reference of points of law by the Attorney General under Section 36 Criminal Justice Act 1972.
Composition:
Usually Lord Justices of Appeal or senior judges.
Sometimes a single judge or a panel of three judges for significant cases.
Powers:
Quash a conviction if it is unsafe.
Substitute or reduce a sentence.
Order retrial in certain circumstances.
Principles:
Focus on safety of conviction (whether a reasonable jury could have convicted).
Discretionary review for sentencing errors.
Landmark Cases
1. R v. Jogee [2016] UKSC 8
Facts: Accused charged with joint enterprise murder.
Court of Appeal Decision: Initially upheld conviction.
Supreme Court later overruled: Clarified that mere foresight of another’s actions is not sufficient for joint enterprise liability.
Significance: Court of Appeal’s role in reviewing points of law; shows appellate corrections.
2. R v. Smith (John) [2003] EWCA Crim 1430
Facts: Defendant appealed a murder conviction claiming self-defense.
Decision: Court of Appeal quashed the conviction because the trial judge misdirected the jury on the law of self-defense.
Significance: Reinforced that judicial misdirection can render a conviction unsafe.
3. R v. Saik [2006] UKHL 18
Facts: Defendant convicted of money laundering; argued insufficient mens rea.
Court of Appeal Role: Reviewed whether there was enough evidence to prove intent.
Decision: Conviction quashed; highlighted that appellate courts examine evidence for sufficiency and correctness.
4. R v. G [2008] EWCA Crim 123
Facts: Defendant convicted of criminal damage by reckless behavior.
Decision: Court of Appeal emphasized that recklessness must be properly defined to the jury. Conviction quashed due to misdirection.
Significance: Shows appellate scrutiny on jury directions and fairness of trial.
5. R v. Brown [1993] 2 All ER 75
Facts: Case involved consensual sadomasochistic acts; defendants appealed on legality of conviction for assault.
Court of Appeal Decision: Convictions were upheld but later influenced public debate on limits of consent.
Significance: Crim. Div. ensures lawful boundaries and interpretation of criminal conduct.
6. R v. Howe [1987] AC 417
Facts: Defendant committed murder under duress.
Court of Appeal Role: Examined whether duress could be a defense for murder.
Decision: Conviction upheld; duress is not a defense to murder.
Significance: Highlights appellate review of legal principles applied at trial.
7. R v. Taylor [2016] EWCA Crim 371
Facts: Defendant appealed life sentence for violent robbery, arguing sentencing was manifestly excessive.
Decision: Sentence reduced; Court of Appeal has power to alter disproportionate sentences.
Significance: Shows appellate control over sentencing discretion.
Key Functions Highlighted by Cases
Safety of conviction: Ensuring the jury verdict is reasonable (R v. Smith, R v. Jogee).
Legal principle clarification: Court of Appeal refines points of law (R v. Saik, R v. Howe).
Correcting procedural errors: Jury misdirection, evidence errors (R v. G).
Sentencing review: Reduce, substitute, or quash sentences if manifestly wrong (R v. Taylor).
Influence on broader legal principles: Public policy and legal boundaries (R v. Brown).
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