Olechowski, R. v

Olechowski, R. v

The only proper course, not opposed by the Crown, is to grant leave to appeal out of time, allow the appeal, quash the conviction, and order a retrial, as the appellant's absence was not deliberate and resulted from communication failures.

Parties
Respondent: Regina; Appellant: Thomasz Aleksander Olechowski
Jurisdiction
England and Wales
Judgment Date
07 August 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Extension of Time
Outcome
Appeal allowed; conviction quashed; retrial ordered; bail conditions imposed
Legal Topics
Trial in Absence, Jurisdiction to Order Retrial, Leave to Appeal Out of Time, Bail Conditions
Criminal Law Trial in Absence Jurisdiction to Order Retrial Leave to Appeal Out of Time Bail Conditions

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Thomasz Aleksander Olechowski

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Extension of Time

Legal Issues

  1. 1 Whether the conviction in absence should be quashed and a retrial ordered
  2. 2 Whether the judge had jurisdiction to overturn the conviction and order a new trial
  3. 3 Whether leave to appeal out of time should be granted

Ratio Decidendi

The only proper course, not opposed by the Crown, is to grant leave to appeal out of time, allow the appeal, quash the conviction, and order a retrial, as the appellant's absence was not deliberate and resulted from communication failures.

Court Disposition

Appeal allowed; conviction quashed; retrial ordered; bail conditions imposed

Orders

  • Conviction quashed
  • Fresh trial ordered on both counts in the indictment