Cojan, R. v

Cojan, R. v

There is no absolute rule prohibiting prosecuting counsel from making a closing speech where the accused is unrepresented, especially where the accused has chosen to dispense with legal representation. The trial judge must ensure fairness, and in this case, the trial was fair and the conviction safe. The applicant...

Source-derived case information.

Parties
Respondent: Regina; Applicant: Dimitri Cojan
Jurisdiction
England and Wales
Judgment Date
25 November 2014
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
Applications for leave to appeal and for extension of time refused
Legal Topics
Right to Fair Trial, Unrepresented Accused, Prosecuting Counsel's Closing Speech, Character Evidence, Extension of Time for Appeal
Criminal Law Right to Fair Trial Unrepresented Accused Prosecuting Counsel's Closing Speech Character Evidence Extension of Time for Appeal

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Parties

Regina

Respondent

Dimitri Cojan

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial was unfair because prosecuting counsel made a closing speech when the accused was unrepresented
  2. 2 Whether the applicant was improperly prevented from calling character evidence

Ratio Decidendi

There is no absolute rule prohibiting prosecuting counsel from making a closing speech where the accused is unrepresented, especially where the accused has chosen to dispense with legal representation. The trial judge must ensure fairness, and in this case, the trial was fair and the conviction safe. The applicant was not improperly prevented from calling character evidence.

Court Disposition

Applications for leave to appeal and for extension of time refused

Orders

  • No loss of time order made