convicted for "malicious communication; for implied threat of suicide" Appealing

[david22]

I was caught in an internet trap on a scam website, which the CPS made out could have been genuine even though they knew it to be a scam/ fake. I had been charged with this but was acquitted after a 5 day trial. However the prosecution had also included 3 charges of "malicious communication", which amounted to 2 texts and one 5 second phone call. All trying to communicate for the first time with a financial advisor who had lost me £250,000. The CPS and the big bank had a hefty legal team and got me convicted. Although virtually the whole trial and the judge's summing up did not include the "malicious communication charge"
Yes I had been anxious about suicide, having failed my family with a massive financial loss, but to use this to convict me feels like a death sentence. I am medical and know a lot about the psychology of suicidal thinking, which I was trying to safely avoid. My contact was only after discussing it with my doctors and was the first direct contact in 5 years.There was never any malicious intent. The events were just after I had had a life threatening cycle accident, which was not self inflicted.
My barrister tells me I am not allowed to bring in new evidence; there was no medical evidence given.
My barrister is saying that my desperation, was only a threat to me and to no one else.

Can you help? Advise.

This seems unjust and not what the law was intended for.

[jaguarsuk]

You need to tell us what the specific charges you were convicted of are because then we'll be able to see what the prosecution are alleging.

What section of which act are they saying your behaviour to be contrary to?

[david22]

You need to tell us what the specific charges you were convicted of are because then we'll be able to see what the prosecution are alleging.

What section of which act are they saying your behaviour to be contrary to?

See full appeal reply APPEAL R v xxxx.Advice and grounds of appeal.15.08.19 .doc APPEAL R v xxxx.Advice and grounds of appeal.15.08.19 .doc

Could this be improved?Do you think it will be successful? I am desperately distressed and living seems hopeless, but my barrister wants to avoid reference to my mental health

[Amethyst]

The primary issue appears to be whether the threat to harm yourself constituted a threat to the person/s you made the threat to, the counter argument may be that a threat of harm does not solely constitute a threat of physical harm to that person and the threat of harming yourself while laying responsibility at the feet of the individual / firm concerned may meet the threshold ( and apparently did to secure the initial conviction). Other than that you appear to have in depth advice and support from your barrister who has access to the full details of your case . I don't believe we would be able to offer anything useful in your case beyond what your barrister has already opined.

[david22]

But it was not a threat to harm myself. I had just been involved in a serious cycle accident with head injury and mri scan showing brain damage. I was unable to stand , very unwell and thought I would not survive. I the went on to have another cycle accident that nearly killed me. I was unconscious for 3 weeks and have been left disabled. The second accident happened a few days before I was due in court. The case was postponed as it was not expected for me to live. However it went ahead shortly after I finished my 3 months in hospital.
there was no medical evidence used in the trial. I am a doctor and feel this is all inappropriate action by the cps and is now a death sentence