Appealing against a court decision
Discussion
Following on from this thread..........
www.pistonheads.com/gassing/topic.asp?h=0&f=141&t=277697
The muppet in question has now decided rather than take his minor punishment on the chin, he’s going to appeal against it, dragging this sorry story on a few more months.
So when it ends up at Crown Court after being found guilty at Magistrates Court is he taking any gambles?
If he’s found guilty again does he get the original punishment and just told to stop being an idiot or does the punishment get a little worse.
Can’t see what grounds, other than being a nob, he has to appeal against, there’s no new evidence or anything like that.
www.pistonheads.com/gassing/topic.asp?h=0&f=141&t=277697
The muppet in question has now decided rather than take his minor punishment on the chin, he’s going to appeal against it, dragging this sorry story on a few more months.
So when it ends up at Crown Court after being found guilty at Magistrates Court is he taking any gambles?
If he’s found guilty again does he get the original punishment and just told to stop being an idiot or does the punishment get a little worse.
Can’t see what grounds, other than being a nob, he has to appeal against, there’s no new evidence or anything like that.
raceboy said:
Following on from this thread..........
www.pistonheads.com/gassing/topic.asp?h=0&f=141&t=277697
The muppet in question has now decided rather than take his minor punishment on the chin, he’s going to appeal against it, dragging this sorry story on a few more months.
So when it ends up at Crown Court after being found guilty at Magistrates Court is he taking any gambles?
If he’s found guilty again does he get the original punishment and just told to stop being an idiot or does the punishment get a little worse.
Can’t see what grounds, other than being a nob, he has to appeal against, there’s no new evidence or anything like that.
www.pistonheads.com/gassing/topic.asp?h=0&f=141&t=277697
The muppet in question has now decided rather than take his minor punishment on the chin, he’s going to appeal against it, dragging this sorry story on a few more months.
So when it ends up at Crown Court after being found guilty at Magistrates Court is he taking any gambles?
If he’s found guilty again does he get the original punishment and just told to stop being an idiot or does the punishment get a little worse.
Can’t see what grounds, other than being a nob, he has to appeal against, there’s no new evidence or anything like that.
I suppose there's a chance that the appeal judge may think his first punishment a little lenient and could up the sentence.If there's no new evidence then what is his appeal based on?
esselte said:
If there's no new evidence then what is his appeal based on?
From what I can gather it based basically on him loosing the first the case.
He’s just an extremely arrogant tosspot that can not get his head around anyone not believing his lies, he’s used to getting his own way about everything and the truth hurts.
80 hours is two weeks of work.
I expect for that he did actually commit a crime with a victim, and for that 2 weeks work is a let-off really.
To put things into perspective, watching Traffic Police last night they had to arrest a violent guy carrying a 12 inch knife in the streets and fight against him resisting arrest.
For my heinous crime of driving over the speed limit on a clear day on a poker straight road with good visibility and chosing to defend my case in court I was sentenced to exactly the same punishment - a £200 fine.
Instead of following a life of mediocracy just paying half of my hard earned money to the taxman, a life of crime and taking from society seems to be just as accepted.
I expect for that he did actually commit a crime with a victim, and for that 2 weeks work is a let-off really.
To put things into perspective, watching Traffic Police last night they had to arrest a violent guy carrying a 12 inch knife in the streets and fight against him resisting arrest.
For my heinous crime of driving over the speed limit on a clear day on a poker straight road with good visibility and chosing to defend my case in court I was sentenced to exactly the same punishment - a £200 fine.
Instead of following a life of mediocracy just paying half of my hard earned money to the taxman, a life of crime and taking from society seems to be just as accepted.
I haven't read the original thread, but the risks of taking a case to appeal are:
1) costs awarded against you should the appeal fail; and,
2) increased sentencing powers of the higher court.
The nature of the offence may mean that it's not possible to increase the sentence - ie. he may already have got the maximum from the Mag.s Ct. He will pretty certainly be looking at an order for costs which will far exceed anything he'd be fined for a motoring offence.
1) costs awarded against you should the appeal fail; and,
2) increased sentencing powers of the higher court.
The nature of the offence may mean that it's not possible to increase the sentence - ie. he may already have got the maximum from the Mag.s Ct. He will pretty certainly be looking at an order for costs which will far exceed anything he'd be fined for a motoring offence.
J1mmyD said:
1) costs awarded against you should the appeal fail;
If your claiming legal aid will this make any difference?
J1mmyD said:
2) increased sentencing powers of the higher court.
Oh I hope so.
J1mmyD said:
The nature of the offence may mean that it's not possible to increase the sentence - ie. he may already have got the maximum from the Mag.s Ct. He will pretty certainly be looking at an order for costs which will far exceed anything he'd be fined for a motoring offence.
Just to clarify things it's nothing to do with a motoring offence, it's a domestic violence case.
And from re-reading the original thread, he didn't actually plead guilty he was found guilty.
The dangers of posting without reading ....
... well, if he's in receipt of legal aid then that does change things regarding the working of an award for costs.
However, the nature of what you've described makes it more likely that the higher court would use it's greater powers of sentencing.
It's really impossible to say much more than that without knowing a great deal of detail. If you are involved in this case, speak to your legal representative.
Good luck.
... well, if he's in receipt of legal aid then that does change things regarding the working of an award for costs.
However, the nature of what you've described makes it more likely that the higher court would use it's greater powers of sentencing.
It's really impossible to say much more than that without knowing a great deal of detail. If you are involved in this case, speak to your legal representative.
Good luck.
J1mmyD said:
It's really impossible to say much more than that without knowing a great deal of detail. If you are involved in this case, speak to your legal representative.
I'm only on the fringes of it all really, without going into too much detail.....
Ex husbard comes to victims house to pick up daughter for agreed access, goes off on one for no real reason (know steriod user
) mild physical abuse and threaterning behaviour in victims living room, criminal damage to telephone to stop victim from phoning the police. The case was brought to court by the CPS.
So if he's found guilty again,
is there a high chance his sentance will be a little stronger than 80 hours painting the local youth centre.Dwight Vandriver said:
The previous post implies that he pleaded "Guilty" at Mags Court.
This prevents any appeal against conviction but he can appeal against sentence.
Now open to possibility of reduced sentence, the same, or heavier sentence.
This prevents any appeal against conviction but he can appeal against sentence.
Now open to possibility of reduced sentence, the same, or heavier sentence.
Turns out he didn't actually change his plea, so he was found guilty, got given some duff info by the clerk of the court
Sounds like it's just a case of 'do you feel lucky' if I was him I'd take the box rather than go for whats behind the curtain, but he hates loosing so will take the gamble, I just hope it bites him, and knowing what he'll be like when questioned I wouldn't like his chances.
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