Clarke, R. v [2020] EWCA Crim 291 (13 February 2020)

Clarke, R. v [2020] EWCA Crim 291 (13 February 2020)

The applicant made a conscious and informed decision not to attend his trial or engage with the process, despite repeated warnings and opportunities to secure representation. The trial judge acted properly in proceeding in his absence, ensuring fairness throughout. There was no breach of Article 6 rights, and the convictions are safe.

Citation
[2020] EWCA Crim 291
Parties
Prosecution: Regina; Applicant/defendant: Justin Clarke
Jurisdiction
England and Wales
Judgment Date
13 February 2020
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction
Outcome
renewed application for leave to appeal dismissed
Legal Topics
Murder, Conspiracy to Defraud, Drug Offences, Trial in Absence, Right to Fair Trial, Representation, Article 6 ECHR
Criminal Law Murder Conspiracy to Defraud Drug Offences Trial in Absence Right to Fair Trial Representation Article 6 ECHR

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Parties

Regina

Prosecution

Justin Clarke

Applicant/defendant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether the applicant's conviction is unsafe due to being tried in his absence and without representation
  2. 2 Whether the applicant's Article 6 right to a fair trial was breached
  3. 3 Whether the applicant was given adequate opportunity to secure legal representation

Ratio Decidendi

The applicant made a conscious and informed decision not to attend his trial or engage with the process, despite repeated warnings and opportunities to secure representation. The trial judge acted properly in proceeding in his absence, ensuring fairness throughout. There was no breach of Article 6 rights, and the convictions are safe.

Court Disposition

renewed application for leave to appeal dismissed