Darykie Ramos Molina, R (on the application of) v Crown Court at Snaresbrook
[2024] EWHC 816 (Admin)
Elliott Cuciurean v Crown Prosecution Service
17 April 2024
[2024] EWHC 848 (Admin)
High Court
A man was acquitted, the prosecution appealed and won, forcing a conviction. He then tried to appeal that conviction. The court ruled he *could* appeal the conviction, even though the prosecution had already won an appeal. The law on this is complex, but this decision clarifies a defendant's rights when multiple appeals are involved.
Key Facts
- •Elliott Cuciurean was acquitted of aggravated trespass at the City of London Magistrates' Court.
- •The DPP appealed the acquittal via case stated to the Divisional Court, which overturned the acquittal and directed a conviction.
- •Cuciurean was subsequently convicted and sentenced.
- •Cuciurean appealed to the Crown Court against conviction, which was refused on jurisdictional grounds.
- •This case is a further appeal by way of case stated challenging the Crown Court's refusal.
- •The central issue is whether a successful DPP appeal via case stated, resulting in a directed conviction, extinguishes the defendant's right to appeal to the Crown Court against that conviction.
Legal Principles
Right of appeal to the Crown Court for a rehearing on questions of fact and law, or appeal to the High Court on questions of law or jurisdiction. One cannot do both.
Section 111 of the Magistrates’ Court Act 1980
Section 111(4) MCA 1980: On making an application under this section, any right of the applicant to appeal to the Crown Court ceases.
Magistrates’ Court Act 1980, Section 111(4)
A defendant has a right to a full retrial in the Crown Court when appealing a magistrates court conviction; the Crown Court is bound by points of law decided by the higher courts.
Section 108(1) Magistrates’ Court Act 1980, Section 79(3) Senior Courts Act 1981, R v Hereford Magistrates Court ex parte Rowlands [1997]
The High Court does not perform fact-finding; appeals on the weight of evidence are for the Crown Court; case stated appeals are for points of law.
Section 111(1) Magistrates’ Court Act 1980, Oladimeji v Director of Public Prosecutions [2006], Wheeldon v Crown Prosecution Service [2018]
Section 28A of the 1981 Act outlines the High Court's powers in case stated appeals, including remittal with a direction to convict or reversal and substitution of a conviction.
Senior Courts Act 1981, Section 28A
Outcomes
Appeal allowed.
The Divisional Court's direction to convict did not extinguish Cuciurean's right to appeal to the Crown Court against conviction under Section 108 of the 1980 Act. The Crown Court appeal is a rehearing and will not contradict the Divisional Court's legal rulings.