Cavan Hanna & Anor v R
The trial judge was entitled to proceed with the trial in the absence of the appellants and without legal representation, as their absence and withdrawal of instructions were deliberate and calculated to manipulate the process. The judge properly applied the principles in R v Jones and ensured fairness. The trial was not rendered unfair by the matters raised, and the sentences imposed were justified by the scale of offending and aggravating features. All grounds of appeal fail.
- Parties
- Applicant/appellant: Cavan Hanna; Applicant/appellant: Jamie Hanna; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 11 April 2024
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
- Outcome
- Appeal dismissed; all applications refused
- Legal Topics
- Trial in Absence, Right to Representation, Admissibility of Evidence, Drug Offences, Money Laundering, Sentencing, Fair Trial, Bad Character Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Cavan Hanna
Applicant/appellant
Jamie Hanna
Applicant/appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the trial judge erred in proceeding with the trial in the absence of the appellants and without legal representation
- 2 Whether the withdrawal of legal representation was voluntary or manipulated by the appellants
- 3 Whether the trial was unfair due to alleged failures in disclosure, assistance, and presentation of evidence
Ratio Decidendi
The trial judge was entitled to proceed with the trial in the absence of the appellants and without legal representation, as their absence and withdrawal of instructions were deliberate and calculated to manipulate the process. The judge properly applied the principles in R v Jones and ensured fairness. The trial was not rendered unfair by the matters raised, and the sentences imposed were justified by the scale of offending and aggravating features. All grounds of appeal fail.
Court Disposition
Appeal dismissed; all applications refused
Orders
- Jamie Hanna’s appeal against conviction dismissed
- All applications for extension of time and for leave to appeal against conviction and sentence refused
Full Case Text
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