Sean Sullivan successfully argues before court of appeal for conviction to be quashed

15 November 2023

BN was convicted after trial of an offence of causing grievous bodily harm with intent and sentenced to 45 months' imprisonment. 

Sean, who did not represent BN at trial, reviewed the transcript of the trial and identified a number of appeal points that suggested the conviction was unsafe. 

Sean argued that (i) there were multiple disclosure failings involving both the police and prosecution counsel (ii) the trial judge was wrong to admit certain evidence and exclude other evidence (iii) the trial judge's approach to dealing with an unwilling witness who was said to be unfit to give evidence  was fundamentally flawed. 

The court accepted those submissions, quashed the conviction and ordered BN's release from prison on bail. A re-trial was ordered, but in due course the prosecution offered no evidence and the Crown Court directed that BN be found not guilty. 

Sean Sullivan was instructed by Stephanie Roe of Roe Lawyers. 

The judgment can be found here.