ChatterBank2 mins ago
Co-accussed, murder trial appeal.....
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Hiya, i was wondering if anyone out there would be able to help...
A friend of a friend - P was found guilty of murder.... as was his co-accussed - S. they where both given life sentences with a minimum term of 20 years!
If P wanted to appeal against the conviction( he blamed S, S balmed P), would S automatically get an appeal? or if they agree to a re-trial for P would S be also re-trialed or could they just be used as a witness! as far as i am aware S has no plans to re-trial although S has written to P appologising for the way it has turned out, could that letter be used in a court?
any answers would be appreciated. P is waiting for his solicitors to visit him to begin the appeal but in the mean time any help would be greatly appreciated.
Thanks in Advance
A friend of a friend - P was found guilty of murder.... as was his co-accussed - S. they where both given life sentences with a minimum term of 20 years!
If P wanted to appeal against the conviction( he blamed S, S balmed P), would S automatically get an appeal? or if they agree to a re-trial for P would S be also re-trialed or could they just be used as a witness! as far as i am aware S has no plans to re-trial although S has written to P appologising for the way it has turned out, could that letter be used in a court?
any answers would be appreciated. P is waiting for his solicitors to visit him to begin the appeal but in the mean time any help would be greatly appreciated.
Thanks in Advance
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.This called a cut throat defence and from a prosecution point of view its great - each blames the other and they both end up getting convicted. P can appeal and can introduce the letter from S but it wont get him very far.
Judges are not daft (despite trying their best to give that impression sometimes) and will see what P (and S) are up to. If you call S as a witness who now says he did it why did he lie at the trial. The simple fact you cannot believe either of them in the circumstances. To get a 20 year term it must have been pretty nasty
Judges are not daft (despite trying their best to give that impression sometimes) and will see what P (and S) are up to. If you call S as a witness who now says he did it why did he lie at the trial. The simple fact you cannot believe either of them in the circumstances. To get a 20 year term it must have been pretty nasty
There is other evidence that has come to light too! S claimed in the trial that he was scared of P and was bullied into lying for him etc..... surely someone if S was so scared of P he wouldnt have written to him apologising and if S was telling the truth P has just got them 20 years in jail for 'nothing' he wouldnt want to contact them at all, let alone apologise to them.
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