REGINA v LUKASZ GRAMAN

REGINA v LUKASZ GRAMAN

The conviction for the Bail Act offence was quashed due to lack of jurisdiction under the principle of speciality, but the appeal against the s.18 conviction was dismissed as the appellant was represented at trial and not entitled to a retrial under the European Arrest Warrant Framework Decision or domestic law.

Parties
Prosecution: Regina; Appellant: Lukasz Graman
Jurisdiction
England and Wales
Judgment Date
12 October 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed in part; conviction for Bail Act offence quashed
Legal Topics
Grievous Bodily Harm, Trial in Absence, European Arrest Warrant, Bail Offences, Extradition, Right to Retrial
Criminal Law Extradition Law Grievous Bodily Harm Trial in Absence European Arrest Warrant Bail Offences Extradition Right to Retrial

Case Brief

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Parties

Regina

Prosecution

Lukasz Graman

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for failure to surrender to bail was lawful given the principle of speciality under the Extradition Act 2003
  2. 2 Whether the appellant was entitled to a retrial under the European Arrest Warrant Framework Decision after being convicted in absence
  3. 3 Whether the trial in absence was lawful under domestic law

Ratio Decidendi

The conviction for the Bail Act offence was quashed due to lack of jurisdiction under the principle of speciality, but the appeal against the s.18 conviction was dismissed as the appellant was represented at trial and not entitled to a retrial under the European Arrest Warrant Framework Decision or domestic law.

Court Disposition

appeal dismissed in part; conviction for Bail Act offence quashed

Orders

  • Conviction for failure to surrender to bail quashed
  • Appeal against s.18 conviction dismissed