appeals

[bullseye]

Hello again!
I know that you're probably sick of me by now but as you know my partner has put an appeal in against his conviction. He received a copy of it in prison yesterday and i was puzzled by something. When the judge was passing sentence he has sentenced him on multiple blows even though the medical report and the prosecution witnesses contradict this by saying it was a single blow. He has taken the word of the victims wife and totally disregarded evidence that was in front of him. There are 5 points on his appeal but this one has troubled me the most. Any ideas if the judge is permitted to get away with this or do you think that it strengthens his appeal?

[Dassie]

Maybe by blows they are taking into consideration the ones that missed but were intended to harm??

[NORMANTHEDOG]

not you again

[bullseye]

Yes Norm, hello again.
What do you think though? Do you not think it's strange? At the end of the day he has totally ignored evidence. Is he allowed to do that?

[seatrout]

The jury convicted your violent partner after a full trial - the judicial system cannot be any fairer than that. He was sentenced for what he did. If I break your nose it doesnt matter whether it results from a single punch or three punches you still end up with a broken nose.
From what you have told us he received an entirely appropriate sentence.

[seatrout]

In the context of this appeal it does not matter that the judge referred to multiple blows as Dassie pointed out he may have taken into account the blows that didnt land but were intended to. Maybe the Judge preferred the evidence of the victims wife because she was better placed than the other witnesses
If you are basing an appeal on flimsy arguments like this I doubt his appeal will be successful - the lawyers will get something out of it as they will be on legal aid. Your partner may get something out of it - a longer sentence for wasting the courts time

[blondie123]

I have been following your posts but not yet posted. If your partner only got 2 years he will be out before there is an appeal as these things take a long time!
He is probably best just leaving it unless he wants to get the conviction overturned-which to be honest is not very likely!
count yourself lucky he only got 2 years, many people get much longer!!! I know its hard been apart, but if he's out in 6months its really not that long!
xxx

[bullseye]

Thankyou for your answer blondie i appreciate what you are saying. It's just it is hard for me and my partner as we know that there were wrong on both sides. Anyway i'll leave it at that and just say thanks for answering.

Trudy