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[myhome]

Hopefully this time next year he'll be posting on here again......

Oh that would be just amazing - sooooooo hope so.....

[soulbug]

And we have Grounds for Appeal. I am waiting for the courier to arrive to take the box of paperwork. Should get to the barrister tomorrow. I believe we have at least three Grounds but will know more once counsel gets his teeth into it. I've been in touch with counsel all week and he believes we have a case. Shame it will take around 6 months to get to the SJ (Single Judge) who will hopefully give Leave to Appeal, and then another 6 months or so before the full hearing. RedScouse is aware that he has around a year to wait before we have the judgement.

It can take a jury minutes to convict and and innocent person a lifetime to quash in too many cases.

Based on his alleged age at the time , Doli Incapx need to be considered , I hope that is one of his grounds for appeal if it was not considered during his original trial.

[Rights Fighter]

Doesn't relate to Doii Incapax so can't use it

[soulbug]

Seems odd based on this post , I have cherry picked the two comments that made the doli point spring to mind :-

Of course I do not have all the evidence etc and my comment is based on his post.

My sister claimed she was groomed from the age of 7-8 when I would have been 13-14 (1974)

I had contact with my brother who stated that the earlier claim of grooming at age 7-8 could not have happened, Because my defence had finished my Barrister did not call my Brother. I believe that if my brother had given evidence then the charge of assault aged 7-8 would have been a not guilty which would have made the prosecution's case of grooming which lead to the alleged rape incorrect, Thus finding the rape allegation without foundation as there is no evidence just her word against mine


full quote below :-

Thank you for your advice, As for appeal I believe I do have a cause for appeal but my Barrister believes I don't.

My sister claimed she was groomed from the age of 7-8 when I would have been 13-14 (1974) then nothing happened till she was 16 and I would have been 23-24 (1984) when she claims she was raped. Some members of my family did not want to get involved but were interviewed by the police and my solicitor was informed that they would not be called as prosecution witness's. One of the parts of my bail was no contact with family members which I stuck by. Last week end after the prosecution and defence cases had been closed. I had contact with my brother who stated that the earlier claim of grooming at age 7-8 could not have happened, Because my defence had finished my Barrister did not call my Brother. I believe that if my brother had given evidence then the charge of assault aged 7-8 would have been a not guilty which would have made the prosecution's case of grooming which lead to the alleged rape incorrect, Thus finding the rape allegation without foundation as there is no evidence just her word against mine.

Right now my head is cabbaged. I have four days to sort my life out. I have a mortgage and I don't know what to do with the contents of my apartment. I resigned from my job today after 15 years which is heart-breaking.

I wish I had found this forum months ago since the allegation was made in 2009 and since the police involvement in 2013 I have not had a clue where to turn for help and information other than my solicitor who had been great but they are limited to what they can offer. Sometimes just having a place to vent your fears and anguishes is all you need.

[Rights Fighter]

Seems odd based on this post , I have cherry picked the two comments that made the doli point spring to mind :-

Of course I do not have all the evidence etc and my comment is based on his post.

My sister claimed she was groomed from the age of 7-8 when I would have been 13-14 (1974)

I had contact with my brother who stated that the earlier claim of grooming at age 7-8 could not have happened, Because my defence had finished my Barrister did not call my Brother. I believe that if my brother had given evidence then the charge of assault aged 7-8 would have been a not guilty which would have made the prosecution's case of grooming which lead to the alleged rape incorrect, Thus finding the rape allegation without foundation as there is no evidence just her word against mine


full quote below :-

Thank you for your advice, As for appeal I believe I do have a cause for appeal but my Barrister believes I don't.

My sister claimed she was groomed from the age of 7-8 when I would have been 13-14 (1974) then nothing happened till she was 16 and I would have been 23-24 (1984) when she claims she was raped. Some members of my family did not want to get involved but were interviewed by the police and my solicitor was informed that they would not be called as prosecution witness's. One of the parts of my bail was no contact with family members which I stuck by. Last week end after the prosecution and defence cases had been closed. I had contact with my brother who stated that the earlier claim of grooming at age 7-8 could not have happened, Because my defence had finished my Barrister did not call my Brother. I believe that if my brother had given evidence then the charge of assault aged 7-8 would have been a not guilty which would have made the prosecution's case of grooming which lead to the alleged rape incorrect, Thus finding the rape allegation without foundation as there is no evidence just her word against mine.

He was found not guilty on one complainant, where he was supposed to have been younger. Hence no grounds to appeal involving Doli Incapax.

He was found guilty on one complainant out of three. The minor allegations resulting in conviction relating to him being 13/14 did not carry a heavy sentence as per his age at the time and sentencing at that time. The main conviction which carried the longest sentence relates to an alleged rape when he was in his 20's.

[Innocentguy1983]

Hi Soulbug how are you.

Just to throw my two cents in there and only because I am going through a similar thing.. I believe the charges of rape stipulate when he was 23-24 and she was 16.. so as RF pointed out the doli incapax would be null and void.

I was initially arrested on the premise of being 11-15.. then I find my charges are now when I was -14-16.. the police/cps shifted this to avoid the doli arguement.. which is fine.. as I have tons of mitigation to say why it dint happen at those ages..

Anyway this thread isnt about me.. appologies..

Sending positive vibes to you my friend... you will and can get through it!!

[soulbug]

He was found not guilty on one complainant, where he was supposed to have been younger. Hence no grounds to appeal involving Doli Incapax.

He was found guilty on one complainant out of three. The minor allegations resulting in conviction relating to him being 13/14 did not carry a heavy sentence as per his age at the time and sentencing at that time. The main conviction which carried the longest sentence relates to an alleged rape when he was in his 20's.

That is a shame , i hope though if a re-trial , they can totally wipe out the 13/14 part, based on doli , considering on how he feels it affected his case.

[soulbug]

Hi Soulbug how are you.

Just to throw my two cents in there and only because I am going through a similar thing.. I believe the charges of rape stipulate when he was 23-24 and she was 16.. so as RF pointed out the doli incapax would be null and void.

I was initially arrested on the premise of being 11-15.. then I find my charges are now when I was -14-16.. the police/cps shifted this to avoid the doli arguement.. which is fine.. as I have tons of mitigation to say why it dint happen at those ages..

Anyway this thread isnt about me.. appologies..

Sending positive vibes to you my friend... you will and can get through it!!

Hey thank you for your kind thoughts , i do not know the original poster , but i was found not gulity based on the doli incapax point , the judge ruled it as a abuse of process , a fairly rare thing these days ! and therefore found me not gulity a couple of year or so ago Stay strong though and perhaps push for the dates to be changed back and shout for doli incapax , they moved the dates because they knew it was a sticky wicket in your case i would guess.

[Rights Fighter]

That is a shame , i hope though if a re-trial , they can totally wipe out the 13/14 part, based on doli , considering on how he feels it affected his case.

If the appeal succeeds and he has to suffer a retrial, removing the counts relating to when he was 13/14 would only assist if the jury were not aware of them before they are removed. Although told not to speculate, speculation is part of human nature, and if the jury is aware of those counts and they are removed from their deliberations, they will still remember they were there regardless. It would be prejudicial.

And of course it would not remove the main and most serious count.

Plus the judge might feel that in his case, Doli Capax is not relevant, given he is supposed to have gone on to offend through the years...... the allegations do not relate just to his early teens.

[Rights Fighter]

Yeayyyyyy! Deffo Grounds to Appeal!!!

Just heard from Counsel with draft Advice and Grounds....

[myhome]

Yeayyyyyy! Deffo Grounds to Appeal!!!

Just heard from Counsel with draft Advice and Grounds....

WHOOOOOOOOO HOOOOOOOOOO fantabulous news

[Rights Fighter]

Just had a call from Redscouse. He sounds quite upbeat now he knows that things are moving.

Soulbug - Counsel has actually put in an argument into the Grounds relating to Doli Incapax, although that would only remove 3 Counts if successful. It's the main Count on the indictment that carries the longer sentence that we need removed. However I thought you would like to know it is a part of it

[Dr House]

i wish red scouse all the best with his appeal

[myhome]

Great to know he's feeling so positive

[Innocentguy1983]

Good for redscouse!

RF.. if things go pete tong for me in a few weeks.. I may have to call upon your expertise!