Lederman, R v [2015] EWCA Crim 1308 (23 July 2015)

Lederman, R v [2015] EWCA Crim 1308 (23 July 2015)

The appellant was fit to plead as statutory requirements for unfitness were not met; his absence from trial was voluntary; the trial judge was correct to proceed in his absence; there was no procedural unfairness; conviction was safe.

Citation
[2015] EWCA Crim 1308
Parties
Prosecution: Regina; Defendant: Geoffrey Lederman
Jurisdiction
England and Wales
Judgment Date
23 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Causing Death by Dangerous Driving, Fitness to Plead, Trial in Absence, Automatism, Mental Health and Criminal Responsibility
Criminal Law Causing Death by Dangerous Driving Fitness to Plead Trial in Absence Automatism Mental Health and Criminal Responsibility

Case Brief

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Parties

Regina

Prosecution

Geoffrey Lederman

Defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Was the appellant fit to plead and attend trial?
  2. 2 Should the trial have proceeded in the appellant's absence?
  3. 3 Was there procedural unfairness in the conduct of the trial?

Ratio Decidendi

The appellant was fit to plead as statutory requirements for unfitness were not met; his absence from trial was voluntary; the trial judge was correct to proceed in his absence; there was no procedural unfairness; conviction was safe.

Court Disposition

appeal dismissed

Orders

  • permission to appeal refused
  • conviction upheld