Gaisiance, R (on the application of) v Crown Prosecution Service

Gaisiance, R (on the application of) v Crown Prosecution Service

The Crown Court was entitled to proceed with the appeal in the appellant's absence due to lack of adequate explanation and failure to notify the court; refusal to reopen the appeal was justified given the circumstances and the court's duty to other users.

Parties
Claimant: Gaisiance; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
14 October 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim dismissed
Legal Topics
Right to Fair Hearing, Appeal Procedure, Absence of Appellant, Reopening Appeal, Admissibility of Evidence
Criminal Law Judicial Review Right to Fair Hearing Appeal Procedure Absence of Appellant Reopening Appeal Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Gaisiance

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Crown Court was entitled to proceed with the appeal in the absence of the appellant
  2. 2 Whether the refusal to reopen the appeal breached the claimant's right to a fair hearing
  3. 3 Whether the failure to play CCTV evidence affected the fairness of the proceedings

Ratio Decidendi

The Crown Court was entitled to proceed with the appeal in the appellant's absence due to lack of adequate explanation and failure to notify the court; refusal to reopen the appeal was justified given the circumstances and the court's duty to other users.

Court Disposition

claim dismissed