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England and Wales Court of Appeal (Criminal Division) Decisions
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URL: http://www.bailii.org/ew/cases/EWCA/Crim/2014/487.html
Cite as: [2014] EWCA Crim 487

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Neutral Citation Number: [2014] EWCA Crim 487
No. 2012/06709/C3PRIVATE 

IN THE COURT OF APPEAL
CRIMINAL DIVISION

Royal Courts of Justice
The Strand
London
WC2A 2LL
6 March 2014

B e f o r e :

THE LORD CHIEF JUSTICE OF ENGLAND AND WALES
(Lord Thomas of Cwmgiedd)
MR JUSTICE KEITH
and
MR JUSTICE ROYCE
____________________

R E G I N A
- v -
TAUREAN DAVIS

____________________

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____________________

Mr M Wolkind QC appeared on behalf of the Applicant
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

    Thursday 6 March 2014

    THE LORD CHIEF JUSTICE:

  1. Mr Wolkind, what we are minded to do is as follows. As we have on the court file a signed statement from Mr Davis stating that his current appeal should be withdrawn, we will say that the withdrawal of that appeal will be postponed, but those instructions stand. As soon as you put forward new grounds of appeal, those will be withdrawn. Do you undertake to do that?

    2. MR WOLKIND: Yes.

    THE LORD CHIEF JUSTICE: But obviously if these two witnesses do not materialise, or do not say what you hope they may say, this appeal will be dismissed.

    MR WOLKIND: Yes.

    THE LORD CHIEF JUSTICE: We will give you - whether it is two months or three months does not really make any difference. It is better that you have three months so that you can formulate things.

    We will direct that this case be listed roughly three months from now for directions. 28 days before that - that is why we have given you more time - we will direct that you notify the CPS and the court of what the current position is and serve any statements that you wish to serve.

    MR WOLKIND: Thank you very much.

    THE LORD CHIEF JUSTICE: We think that this is the fairer course to pursue in the circumstances.

    MR WOLKIND: Thank you. I notice the court did not interrupt me to say that there was no merit in the original grounds of appeal.

    THE LORD CHIEF JUSTICE: We could not understand what they were. We would observe that we were surprised to find those grounds had been settled by someone who describes themselves as - and no doubt is - counsel. They are not of the quality this court would expect in a case of this gravity.

    We will return this file so that it does not become lost. The case will come forward on a completely fresh basis.

    MR WOLKIND: Thank you.

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URL: http://www.bailii.org/ew/cases/EWCA/Crim/2014/487.html