ABANDONMENT OF APPEALS

[2017] NICA 47 [2017] NICA 47

A man who in 1994 had abandoned his appeal against conviction for belonging to a proscribed organisation and other offences was not entitled to an order that the abandonment be treated as a nullity. The abandonment of his appeal was the result of a deliberate and informed decision, and his mind went with the act of abandonment.

[2015] EWCA Crim 2333 [2015] EWCA Crim 2333

The court refused an application to treat an abandonment of an appeal against a conviction for murder as a nullity, as the offender had not been relying on incorrect legal advice when he abandoned his appeal.

[2015] EWCA Crim 1555 [2015] EWCA Crim 1555

The Court of Appeal refused an application to treat an abandonment of an appeal against a sentence for murder as a nullity where the offender had not been relying upon incorrect advice when he abandoned his appeal.

[2014] EWCA Crim 1804 [2014] EWCA Crim 1804

Where an offender had appealed against the length of a prison term imposed in respect of an offence of dangerous driving, and had not appealed against the length of his disqualification from driving, the court declined to treat his abandonment of the appeal as a nullity after he claimed not to have understood that the abandonment prevented him from appealing against the disqualification period. The documentation was not consistent with the offender having misunderstood the legal effect of abandonment, but with him simply having decided at a late stage that he would like to appeal against the disqualification period.

[2013] EWCA Crim 2388 [2013] EWCA Crim 2388

The court refused an application to treat an abandonment of an appeal against a conviction for murder as a nullity, as the young offender had not been relying upon incorrect legal advice when he abandoned his appeal.