Hamberger, R. v

Hamberger, R. v

The trial judge was entitled to reject the applications for a stay and to rule that this was a rare and exceptional case in which the trial could properly proceed in the appellant's involuntary absence, as the appellant was represented by counsel and could have used hearsay provisions to present his account. The conviction is safe and the appeal fails.

Parties
Prosecution: Regina; Appellant: Martin Hamberger
Jurisdiction
England and Wales
Judgment Date
14 March 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Trial in Absence, Fitness to Stand Trial, Hearsay Evidence, Special Measures, Abuse of Process
Criminal Law Procedure Trial in Absence Fitness to Stand Trial Hearsay Evidence Special Measures Abuse of Process

Case Brief

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Parties

Regina

Prosecution

Martin Hamberger

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant could have a fair trial in his involuntary absence due to ill health
  2. 2 Whether the trial judge erred in permitting the trial to proceed without the appellant
  3. 3 Whether section 33A of the Youth Justice and Criminal Evidence Act 1999 applied to the appellant

Ratio Decidendi

The trial judge was entitled to reject the applications for a stay and to rule that this was a rare and exceptional case in which the trial could properly proceed in the appellant's involuntary absence, as the appellant was represented by counsel and could have used hearsay provisions to present his account. The conviction is safe and the appeal fails.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • appellant granted seven days to consider application for certification of a question of law of general public importance