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Are Appeals guaranteed to be granted, whats my chance?

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  • #16
    Originally posted by islandgirl View Post
    You have to pay to appeal. If you lose you can get a more onerous or severe sentence than the original.
    How much more onerous?

    I would only lose via their will, I am actually innocent.

    Ive been punished with a fine about 500 will they just increase the size of the fine (it was decided a fine because of my metal health problem around criminal types) so I presume that makes the bigger sentence a bigger fine because its the same decision making process?

    Its alleged assault but actually self defense against a very chaotic knife yielding woman with a past track record of doing the very same thing its really not my fault but they seem uninterested in the past even though its relevant, I also have very severe mental health problems beyond what is common or normal and that was another very important factor
    Last edited by 8t8y89; 3rd July 2026, 02:37:AM.

    Comment


    • #17
      You will have another trial. You will have the chance to put your evidence and convince the judge and 2 magistrates that you are innocent. Your solicitor will help you do this but you need to take their advice. If they find you guilty they will look at the sentence you were given. They may reduce it. They may increase it. That is how it works. Speak to your solicitor.

      Comment


      • #18
        Hi guys could you help me understand what this means? Apparently it will have an adverse impact on me far greater than the sentence imposed !? What does that mean exactly? If I lose will the punishment increase by alot? Or it will affect my mental health?

        I have or thought I had a good adverse reference defense hitting nearly all of the needed paragraphs, only one is low on evidence and even that is historically backed up, and its the truth!?

        He told me earlier that Ive got a very good chance of a retrial that its almost automatic

        Also can you be innocent of a crime and still lose even in the retrial? Even with good adverse reference defense? (I know u can be found guilty whilst innocent normally/by staying silent, that is shocking)

        Im not sure I fancy woman beater on my permanent record esp since I didnt beat a woman and it was purely self defense/metal health related.

        Is that just the way it works in UK law ie they are unlikely to go back on a decision? Can an innocent party really be treated this way?

        On the other hand the fine I got and the rate I have to pay it off at I find not a very big punishment, for it to increase I would not like at all esp if its probation work or worse (that could have been what he meant also, ie probation could be really bad for my mental health)



        So very limited prospects of success despite being truly innocent!?????????????????

        Then far greater adverse impact!???????????????



        Dear



        Further to the hearing before the Ipswich Magistrates’ Court on 2026 I attach a letter for your attention.



        I advise you against any appeal against conviction, as there are very limited prospects of success and the continuation of proceedings is likely to have an adverse impact on you that is far greater that than the sentence imposed. There are also issues arising from your earlier refusal to provide instructions or to give evidence that make it impossible for us to assume conduct of any appeal.



        However, should you wish to pursue such an appeal, I attach a copy of the form that must be completed and lodged with the Magistrates’ Court by the 23rd July 2026.



        Kind regards
        Last edited by 8t8y89; Yesterday, 12:53:PM.

        Comment


        • #19
          .................................................. ...............................
          Last edited by 8t8y89; Yesterday, 13:16:PM.

          Comment


          • #20
            I mean the hair pull and the scuff on her knee is in part gravity doing the damage (her legs gave way as I walked her to the main room adding more damage to what was mostly pain compliance self defense) I mean school lunch break was ABH every week . Can they even claim assault by beating? A police officer uses a joint manipulation to cause pain compliance is that assault by beating if u use it to make a citizen arrest ?

            I think hair pull is much safer than a joint lock that can go badly wrong
            Last edited by 8t8y89; Yesterday, 13:17:PM.

            Comment


            • #21
              Hi guys could you help me understand what this means? Apparently it will have an adverse impact on me far greater than the sentence imposed !? What does that mean exactly? If I lose will the punishment increase by alot? Or it will affect my mental health?

              I have or thought I had a good adverse reference defense hitting nearly all of the needed paragraphs, only one is low on evidence and even that is historically backed up, and its the truth!?

              He told me earlier that Ive got a very good chance of a retrial that its almost automatic

              Also can you be innocent of a crime and still lose even in the retrial? Even with good adverse reference defense? (I know u can be found guilty whilst innocent normally/by staying silent, that is shocking)

              Im not sure I fancy woman beater on my permanent record esp since I didnt beat a woman and it was purely self defense/metal health related.

              Is that just the way it works in UK law ie they are unlikely to go back on a decision? Can an innocent party really be treated this way?

              On the other hand the fine I got and the rate I have to pay it off at I find not a very big punishment, for it to increase I would not like at all esp if its probation work or worse (that could have been what he meant also, ie probation could be really bad for my mental health)



              So very limited prospects of success despite being truly innocent!?????????????????

              Then far greater adverse impact!???????????????



              Dear



              Further to the hearing before the Ipswich Magistrates’ Court on 2026 I attach a letter for your attention.



              I advise you against any appeal against conviction, as there are very limited prospects of success and the continuation of proceedings is likely to have an adverse impact on you that is far greater that than the sentence imposed. There are also issues arising from your earlier refusal to provide instructions or to give evidence that make it impossible for us to assume conduct of any appeal.



              However, should you wish to pursue such an appeal, I attach a copy of the form that must be completed and lodged with the Magistrates’ Court by the 23rd July 2026.



              Kind regards



              Comment


              • #22
                You have had professional advice from the solicitor who represented you at your first trial: "I advise you against any appeal against conviction, as there are very limited prospects of success...".

                As none of us on here can read your solicitor's mind I have no idea what they mean by "...the continuation of proceedings is likely to have an adverse impact on you that is far greater that than the sentence imposed". Ask the solicitor to explain their comment.

                I see that the solicitor is refusing to represent you at any appeal that you bring.

                Originally posted by 8t8y89 View Post
                He told me earlier that Ive got a very good chance of a retrial that its almost automatic
                I believe you are confusing two different things. The right to a retrial and the likelihood of the appeal being successful.

                As you pleaded not guilty at the original magistrates court trial you are almost automatically entitled to bring an appeal and get a retrial. But that does not mean your appeal/retrial will be successful. As I understand your solicitor they are telling you that although you will be able to bring an appeal and get retrial they believe you are very unlikely to succeed in getting your conviction reversed. That's why they advise you not to bring an appeal.
                All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                Comment


                • #23
                  I agree. And your solicitor thinks that the anxiety and stress occasioned to you by an appeal will have a detrimental effect on you and is not worth suffering when your current punishment is relatively minor. If you advanced the self defence argument in your first trial it was rejected. If you try again your solicitor thinks you will have limited chance of success. My advice would be to listen to your solicitor and if not happy approach another solicitor and get their views

                  Just to deal with this "Is that just the way it works in UK law ie they are unlikely to go back on a decision?" - I sit on Crown Court appeals. We rehear the entire case. I have seen people win and lose their appeals. There is no pre-judgement. We start again from scratch.

                  Comment


                  • #24
                    Originally posted by PallasAthena View Post
                    You have had professional advice from the solicitor who represented you at your first trial: "I advise you against any appeal against conviction, as there are very limited prospects of success...".

                    As none of us on here can read your solicitor's mind I have no idea what they mean by "...the continuation of proceedings is likely to have an adverse impact on you that is far greater that than the sentence imposed". Ask the solicitor to explain their comment.

                    I see that the solicitor is refusing to represent you at any appeal that you bring.



                    I believe you are confusing two different things. The right to a retrial and the likelihood of the appeal being successful.

                    As you pleaded not guilty at the original magistrates court trial you are almost automatically entitled to bring an appeal and get a retrial. But that does not mean your appeal/retrial will be successful. As I understand your solicitor they are telling you that although you will be able to bring an appeal and get retrial they believe you are very unlikely to succeed in getting your conviction reversed. That's why they advise you not to bring an appeal.
                    So for my adverse reference defense I hit multiple paragraphs on reasons why my defense can still be allowed (one is highly evidenced, its complex and I can go into great detail easily , the evidence also backs up my account of what happened )

                    Then its a straight forward self defense case /my word against hers and I have the legal right to self defense

                    How could I not get a not guilty if both those basis are covered?

                    Also my mother committed perjury in court then she manipulated a judge into abusing me, shes abused me since I was a baby, shes threatened me with a knife , she has a history of knife threat abuse and fake calls to the police, she lied to get the police to come in the first place, I recorded her going nuts, I recorded her threatening me with a knife and they wont allow me to take her to court for perjury BUT THEY DONT HEAR IT AND DONT CARE its like im in a legal system in a less economically developed country

                    Its unbelievable I cant believe they are going for the knee scuff and hair a bit frayed fake story
                    Last edited by 8t8y89; Yesterday, 14:34:PM.

                    Comment


                    • #25
                      There is no reason why anyone here, whether a solicitor or not, will know more about your case than the solicitor who represented you at your first trial. And their advice couldn't be clearer: "I advise you against any appeal against conviction, as there are very limited prospects of success...".

                      I can't imagine any reason why any poster here would tell you that your solicitor's advice is wrong and that you will be likely to win your appeal.

                      But if you are determined to bring an appeal I strongly recommend you find a solicitor to represent you at the appeal.

                      Your current solicitor is refusing to represent you any longer. I understand that you don't have any money to pay a solicitor so I advised you earlier in your threads to contact Legal Aid solicitors to find out if you might be able to get legal aid. Have you acted on that advice?

                      Although you have made many statements on here about things you want to say in a retrial you have never mentioned having any independent evidence for your statements. A solicitor can review with you what evidence would be needed.

                      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                      Comment


                      • #26
                        so ive passed adverse inference defense

                        then it comes down to my word against hers (im legally allowed to defend myself)

                        im inocent until proven guilty

                        how can i not win in this simple version of events?

                        Comment


                        • #27
                          Your solicitor who knows more than we do thinks it highly unlikely. The question is did your actions constitute self defence. That is for the court to decide on all the evidence presented.

                          Comment


                          • #28
                            Originally posted by islandgirl View Post
                            Your solicitor who knows more than we do thinks it highly unlikely. The question is did your actions constitute self defence. That is for the court to decide on all the evidence presented.
                            well its obvious that they did she had a knife and was shouting and there was no escape to run in a room I had to respond its the most obvious self defense is ok situation. She brings the evidence of just her word and small child like injuries, and failing the cross examine

                            I bring the evidence of my word, perhaps a recording, my reaction to sound evidenced by many, and high detail wo fail on the cross examine
                            Last edited by 8t8y89; Today, 03:00:AM.

                            Comment


                            • #29
                              my solicitor now wont even email me back when its crucial it feels very wrong, it feels so corrupt and unjust

                              how many people are they putting in prison that are innocent ?
                              Last edited by 8t8y89; Today, 03:11:AM.

                              Comment


                              • #30
                                We don't put people in prison for nothing! The standard of proof for a guilty verdict is that we are "sure". Your solicitor has given their view and has nothing further to add. You can approach another solicitor and see what they say. Or you can appeal yourself and fill in the form. However if you lose costs are high. In Crown this week £1,300 was mentioned for an unsuccessful appeal (which was reduced by over half by the court for various reasons).

                                Comment

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