Lehram Capital Investments Ltd, R (on the application of) v Southwark Crown Court & Anor
[2023] EWHC 3190 (Admin)
Junior Lawal v The Crown Court at Cambridge
3 March 2023
[2023] EWHC 466 (Admin)
High Court
A man's appeal was dismissed because he was late to court. The judge didn't give him a chance to explain. A higher court said that was unfair and ordered the appeal to be heard.
Key Facts
- •Junior Lawal's appeal against conviction was dismissed by the Crown Court at Cambridge on 15 November 2021 due to his absence.
- •Lawal was unrepresented and running late for the hearing.
- •The court dismissed the appeal without hearing evidence after waiting approximately 1 hour and 45 minutes.
- •Lawal subsequently applied to reopen the appeal, but this was refused.
- •Lawal brought judicial review proceedings challenging the Crown Court's decision.
Legal Principles
The Crown Court has the power to dismiss an appeal from the Magistrates' Court where the unrepresented appellant fails to attend, but this is a power, not a requirement.
R v Croydon Crown Court, Ex p. Clair [1986] 1 WLR 746
When deciding whether to dismiss or adjourn a hearing, the court must apply the interests of justice test, balancing the appellant's interests with those of the prosecution, witnesses, and the court's caseload.
R v Doncaster Magistrates Court Ex p. Blick [2008] EWCA 2698; R v Khan [2021] EWCA Crim 1526
The court's convenience cannot outweigh the interests of justice.
R v Doncaster Magistrates Court Ex p. Blick [2008] EWCA 2698
Outcomes
The Crown Court's decision to dismiss Lawal's appeal was quashed.
The court acted unreasonably in dismissing the appeal without further adjournment, given Lawal's lateness, lack of representation, attempts to contact the court, and the fact he was on his way.
The Crown Court was directed to hear Lawal's appeal.
The interests of justice required a further adjournment to allow Lawal to present his case.
Similar Cases
Hesamedin Navabi, R (on the application of) v Crown Court at Durham
[2023] EWHC 943 (Admin)
Asif Khan, R (on the application of) v The Crown Court at Manchester
[2024] EWHC 2730 (Admin)
R v Geraint Alun Baldwin
[2023] EWCA Crim 1475
Dragutin Popovic, R (on the application of) v Ealing Magistrates Court & Ors
[2023] EWHC 1875 (Admin)