Pierini & Anor, R. v [2023] EWCA Crim 1189 (17 October 2023)

Pierini & Anor, R. v [2023] EWCA Crim 1189 (17 October 2023)

The Court held that permitting the applicant to participate in the trial by live link from Brazil would have condoned his ongoing breach of bail and undermined the authority of the court, thus being contrary to the interests of justice. The judge was correct to refuse the application. The bad character evidence against the appellant was properly admitted as important explanatory evidence to allow the jury to evaluate his knowledge and state of mind regarding the alleged offences.

Citation
[2023] EWCA Crim 1189
Parties
Respondent: Rex; Applicant: Florian Pierini; Appellant: Jeffrey Razaq
Jurisdiction
England and Wales
Judgment Date
17 October 2023
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Renewed Application for Leave to Appeal and Appeal Against Conviction
Outcome
Application for leave to appeal by Florian Pierini dismissed; appeal against conviction by Jeffrey Razaq dismissed.
Legal Topics
Proceeds of Crime, Money Laundering, Bad Character Evidence, Right to Fair Trial, Trial in Absence, Use of Live Link in Criminal Proceedings
Criminal Law Proceeds of Crime Money Laundering Bad Character Evidence Right to Fair Trial Trial in Absence Use of Live Link in Criminal Proceedings

Case Brief

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Parties

Rex

Respondent

Florian Pierini

Applicant

Jeffrey Razaq

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Renewed Application for Leave to Appeal and Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing the applicant (Florian Pierini) permission to participate in his criminal trial from Brazil via live link
  2. 2 Whether the trial judge erred in permitting the prosecution to adduce bad character evidence against the appellant (Jeffrey Razaq)

Ratio Decidendi

The Court held that permitting the applicant to participate in the trial by live link from Brazil would have condoned his ongoing breach of bail and undermined the authority of the court, thus being contrary to the interests of justice. The judge was correct to refuse the application. The bad character evidence against the appellant was properly admitted as important explanatory evidence to allow the jury to evaluate his knowledge and state of mind regarding the alleged offences.

Court Disposition

Application for leave to appeal by Florian Pierini dismissed; appeal against conviction by Jeffrey Razaq dismissed.

Orders

  • Renewed application for leave to appeal by Florian Pierini refused.
  • Appeal against conviction by Jeffrey Razaq dismissed.