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If I appeal a magistrates court conviction but do not convince the crown court to quash that conviction can the crown court increase the punishment for the offence?
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Lose an appeal against conviction.... sentence unchanged
Lose an appeal against sentence....sentence could be changed -
I am not appealing the sentence as that was just an conditional discharge the conditions of which I have no issue with just the actual conviction as I believe there was a failure by the prosecution to properly disclose evidence that they intended to rely on.Originally posted by des8 View PostComment
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Would that be better served as a complaint rather than an appeal ? des8#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
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Assuming you pleaded not guilty, and on the basis of the very slight information provided, it seems you may have a case for an appeal.
I don't think a complaint will change anything..it has to be a higher court.
If you lose your appeal you might have to pay the prosecutions costs.
Bearing in mind the costs risk, and the minimal impact of the original finding I think professional advice should be sought
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The problem for me is I work with Vulnerable Adults and need an enhanced DBS and this conviction which is classed as a crime against the person so could likely lose me my job.Originally posted by des8 View Post
I also have got to my mid 50's with a totally clean record so I find it offensive that I can end up with a conviction based on bad evidence and a statement full of lies which I was not allowed to question the validity of or bring witness to prove it was lie which gave a bad impression of myselfComment
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In view of the affect this could have on your future, yes you should be looking to appeal, but I would still suggest obtaining proper legal advice.
Good luckComment
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